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STATE v. FEBLES

No. 1 CA-CR 03-0827 PRPC.

115 P.3d 629 (2005)

STATE of Arizona, Respondent, v. Orlando Cain FEBLES, Petitioner.

Court of Appeals of Arizona, Division 1, Department C.

July 5, 2005.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney By Faith C. Klepper, Deputy County Attorney, Phoenix, Attorneys for Respondent.

Orlando Cain Febles, Vista, CA, Pro Se Petitioner.

OPINION

OROZCO, Judge.

¶ 1 In this opinion, we hold that the United States Supreme Court's opinion in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), does not apply retroactively to cases on collateral review whether such cases were final before or after Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), was decided....

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