[Download] "Figarola v. State" by Florida Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Figarola v. State
- Author : Florida Court of Appeals
- Release Date : January 19, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Appellant seeks review of the denial of his rule 3.800 motion to correct illegal sentence, which argued that the assessment of scoresheet points for sexual penetration, resulting in a sentence beyond the statutory maximum, violates Apprendi v. New Jersey, 530 U.S. 466 (2000). The issue he raises is whether Apprendi applies retroactively on post-conviction relief. In Hughes v. State, 826 So. 2d 1070 (Fla. 1st DCA 2002), the court held that Apprendi did not apply retroactively to a similar claim being raised under rule 3.800.