District Court of Appeal of Florida April 13, 2005, No. 3D04-2840 (Johnson v. State)

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United States · · · 13-04-2005

MOTION FOR REHEARING DENIED

PER CURIAM.

The motion for rehearing is denied. See McBride v. State, 884 So.2d 476 (Fla. 4th DCA 2004)(relying on In re Dean, 375 F.3d 1287, 1290 (11th Cir.2004) to hold that Blakely v. Washington, — U.S. -, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) does not apply retroactively).

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