FERNANDEZ 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 JULY TERM, A.D. 2005 JOSE FERNANDEZ, ** Appellant, ** vs. ** THE STATE OF FLORIDA, CASE NO. 3D05-1240 ** Appellee. ** LOWER TRIBUNAL NO. 97-1931 ** Opinion filed September 14, 2005. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Julio Jimenez, Judge. Jose Fernandez, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ. PER CURIAM. Appellant, Florida Rule of Jose Fernandez, Criminal appeals Procedure the denial 3.800(a) motion, of his brought pursuant to Blakely v. Washington, ___ U.S. ___, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004). Because Blakely does not apply retroactively to cases on collateral review that became final prior to issuance of that decision, we affirm. See Clark v. State, 903 So. 2d 292, 293 (Fla. 3d DCA 2005); Reed v. State, 898 So. 2d 1204 (Fla. 3d DCA 2005); Burgal v. State, 888 So. 2d 702 (Fla. 3d DCA 2004); McBride v. State, 884 So. 2d 476, 478 (Fla. 4th DCA 2004). We do not address the appellant s claim that his sentence was disproportionate because such a claim is not cognizable on a motion to correct illegal sentence. Lykins v. State, 894 So. 2d 302, 303 (Fla. 3d DCA 2005). Affirmed. 2 See

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