District Court of Appeal of Florida

An order denying defendant's motion to correct illegal sentence is affirmed over a claim that his upward departure sentence upon re-sentencing was illegal under Apprendi. A conflict is certified regarding retroactive application of Apprendi.

Appellate Information

• Decided 03/24/2006
• Published 03/24/2006

Judges

• LAWSON, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.