legal news


Register | Forgot Password

GALINDEZvs. STATE OF FLORIDA PART II
In Galindez v. State, 910 So. 2d 284, 285 (Fla. 3d DCA 2005), the Third District Court of Appeal certified conflict with the First District Court of Appeals decision in Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005), which held that Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004), decided after the defendants conviction was final, apply to a subsequent resentencing. As court explain below, court find that any failure to apply Apprendi and Blakely in this case constitutes harmless error. Accordingly, court need not determine whether these Supreme Court cases apply in such resentencings and court decline to resolve the conflict at this time.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click a smilie to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2019 Fearnotlaw.com The california lawyer directory

  Copyright © 2019 Result Oriented Marketing, Inc.

attorney
scale