State v. JohnsonAnnotate this Case
After a jury trial, Defendant was convicted of armed kidnapping, armed sexual battery, and armed robbery. The trial court sentenced Defendant to concurrent, upward departure sentences of forty-eight years on each count. Defendant's sentences became final in 2000, after the U.S. Supreme Court's issued its decision in Apprendi v. New Jersey. In 2002, the trial court granted Defendant's postconviction motion to correct illegal sentence and resentenced Defendant to concurrent terms of forty years on two counts and reinstated the forty-eight-year sentenced for the armed robbery. In 2004, the U.S. Supreme Court issued its decision in Blakely v. Washington. In 2007, Defendant filed a motion alleging that the upward departure sentences imposed at his 2002 resentencing exceeded the statutory maximum as defined by Blakely. The trial court denied the motion. The court of appeal reversed, holding that Blakely's new definition of "statutory maximum" applied retroactively to cases on collateral review in which sentences were imposed after the U.S. Supreme Court's decision in Apprendi. The Supreme Court reversed, holding that Blakely does not apply retroactively to final sentences or resentences.