BURGAL 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. 2004 JUAN CARLOS BURGAL, Appellant, ** ** vs. ** THE STATE OF FLORIDA, ** CASE NO. 3D03-3016 Appellee. ** LOWER TRIBUNAL NO. 96-30941 Opinion filed November 17, 2004. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court of Miami-Dade County, Henry Leyte-Vidal, Judge. Juan Carlos Burgal, in proper person. Charles J. Crist, Jr., Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee. Before GREEN, FLETCHER and RAMIREZ, JJ. PER CURIAM. Affirmed. Blakely v. Washington, 124 S. Ct. 2531 (2004) does not apply retroactively to cases on collateral review. See McBride v. State, 29 Fla. L. Weekly D2235 (Fla. 4th DCA Oct. 6, 2004). 2

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