WILLIAMS 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 CHARLES WILLIAMS, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D04-2654 ** ** ** LOWER TRIBUNAL NO. 01-13112 01-12321 Opinion filed December 15, 2004. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Charles Williams, in proper person. Charles J. Crist, Jr., Attorney General, Traina, Assistant Attorney General, for appellee. and Jill K. Before LEVY, GODERICH, and GREEN, JJ. PER CURIAM. We affirm the lower court s denial of appellant s motion to correct illegal sentence pursuant to Blakely v. Washington, 124 S. Ct. 2531 (2004). As we recently held in Burgal v. State, No. 3D03-3016, (Fla. 3d DCA Nov. 17, 2004), Blakely does not apply retroactively to cases on collateral review. Affirmed. 2

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