Puzio v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2005 DAVID PUZIO, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D05-1519 [ June 29, 2005 ] PER CURIAM. We affirm the trial court s summary denial of appellant s motion t o correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Insofar as appellant s claims included a sentencing challenge based on Apprendi v. New Jersey, 530 U.S. 466 (2000), we note that this decision does not apply retroactively to appellant s sentence which became final in 1998. See Hughes v. State , 901 So.2d 837 (Fla. 2005). KLEIN, HAZOURI and MAY, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 94-12537 CF10A. David Puzio, Okeechobee, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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