HARRIS v. STATE

No. 3D03-3014.

901 So.2d 322 (2005)

Maurice HARRIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 4, 2005.


Attorney(s) appearing for the Case

John H. Lipinski, Miami, for appellant.

Charles J. Crist, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before GREEN, RAMIREZ and WELLS, JJ.


ON MOTION FOR REHEARING/CLARIFICATION

RAMIREZ, J.

Appellant's motion for rehearing is denied, but clarification is granted. We withdraw the prior opinion issued on April 6, 2005, and issue the following clarified opinion in its place.

Maurice Harris appeals the denial of his motion for post-conviction relief. We affirm the order denying postconviction relief because he never appealed his resentence, and the holding in Apprendi v. New Jersey...

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