Dirk v. State
GARY M. DIRK, Appellant, v. STATE OF FLORIDA, Appellee.
Case No. 5D06-3770
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT
November 30, 2007, Opinion Filed
PRIOR HISTORY: [*1]
Appeal from the Circuit Court for Brevard County, Tonya Rainwater, Judge.
COUNSEL: James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
JUDGES: SAWAYA, TORPY and EVANDER, JJ., concur.
OPINION
PER CURIAM.
This court has previously held that the United States Supreme Court decisions in Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000) and Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004) do not apply retroactively in those cases in which the convictions became final prior to the Apprendi decision, even though resentencing occurred post-Apprendi. See Rouse v. State, 965 So. 2d 201 (Fla. 5th DCA 2007); Langford v. State, 929 So. 2d 598 (Fla. 5th DCA 2006). As we did in Langford, we certify conflict with Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005).
AFFIRMED; CONFLICT CERTIFIED.
SAWAYA, TORPY and EVANDER, JJ., concur.