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HAMILTON v. STATE

No. 4D05-664.

914 So.2d 993 (2005)

Jason HAMILTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 14, 2005.

Attorney(s) appearing for the Case

Jason Hamilton, South Bay, pro se.

No appearance required for appellee.

KLEIN, J.

Appellant seeks review of an order denying post-conviction relief arguing that his sentence is illegal under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We affirm because Apprendi is not retroactive and certify conflict.

Procedurally, appellant is in the same situation as was the defendant in Isaac v. State, 911 So.2d 813 (Fla...

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