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.
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