CLARK V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2005 ROBBIE CLARK, JR., Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D04-3223 ** ** LOWER TRIBUNAL NO. 95-8534 ** Opinion filed June 8, 2005. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Henry Leyte-Vidal, Judge. Robbie Clark, Jr., in proper person. Charles J. Crist, Jr., Attorney General, Sands, Assistant Attorney General, for appellee. and Fredericka Before COPE, GREEN, and SUAREZ, JJ. PER CURIAM. We affirm the trial court s denial of the appellant s Rule 3.800(a) motion made pursuant to Blakely v. Washington, 124 S. Ct. 2531 (2004), because Blakely does not apply retroactively to cases on collateral review that became final prior to issuance of that decision. See Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004); McBride v. State, 884 So. 2d 476, 478 (Fla. 4th DCA 2004). 2

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