Hughes v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT TODD C. HUGHES, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ________________________________ ) Case No. 2D06-1797 Opinion filed July 28, 2006. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Linda R. Allan, Judge. PER CURIAM. Affirmed. See Milks v. State, 894 So. 2d 924 (Fla. 2005), cert. denied, 126 S. Ct. 368 (2005); Burrows v. State, 890 So. 2d 286 (Fla. 2d DCA 2004), review denied, 914 So. 2d 952 (Fla. 2005); Caraballo v. State, 805 So. 2d 882 (Fla. 2d DCA 2001); Butler v. State, 923 So. 2d 566 (Fla. 4th DCA 2006); Thomas v. State, 778 So. 2d 429 (Fla. 5th DCA 2001). Contrary to the holding of this court in Burrows, the First District in Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005), on collateral review applied the United States Supreme Court decision in Blakely v. Washington, 542 U.S. 296 (2004), retroactively to a sentence that became final before the issuance of the Blakely opinion. As this court did in Barron v. State, 31 Fla. L. Weekly D825 (Fla. 2d DCA Mar. 17, 2006), we certify direct conflict with Isaac. Affirmed; conflict certified. ALTENBERND, CASANUEVA, and STRINGER, JJ., Concur. -2-

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