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FIGAROLA v. STATE

No. 4D02-1039.

841 So.2d 576 (2003)

Jorge FIGAROLA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 19, 2003.

Attorney(s) appearing for the Case

Jorge Figarola, Arcadia, pro se.

Charlie Crist, Attorney General, Tallahassee, and Karen Finkle, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, J.

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, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The issue he raises is whether Apprendi applies retroactively on postconviction relief. In Hughes v...

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