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HUGHES v. STATE

No. SC02-2247.

901 So.2d 837 (2005)

James Michael HUGHES, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

April 28, 2005.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, James W. Rogers, Bureau Chief, Criminal Appeals and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, FL, for Respondent.

CANTERO, J.

In this case, we consider whether a decision of the United States Supreme Court applies to defendants whose convictions already were final when that case was decided. In Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the United States Supreme Court held that "[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory...

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