JACKSON 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. 2001 FERNANDO JACKSON, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D01-2776 ** LOWER TRIBUNAL NO. 90-10121 ** Opinion filed November 14, 2001. An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Maria Espinosa Dennis, Judge. Fernando Jackson, in proper person. Robert A. Butterworth, Attorney General, for appellee. Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge. PER CURIAM. The decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), does not apply to the appellant s adjudication as a habitual violent felony offender. Saldo v. State, 789 So. 2d 1150 (Fla. 3d DCA 2001); Robbinson v. State, 784 So. 2d 1246 (Fla. 3d DCA 2001). Affirmed.* * It is unnecessary for present purposes to decide whether Apprendi is retroactive.
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