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LANGFORD v. STATE

No. 5D05-96.

929 So.2d 598 (2006)

William Blake LANGFORD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 5, 2006.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, J.

William Blake Langford appeals from the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. He contends that the trial court erred by utilizing a sentencing scoresheet that included 44 victim injury points, which were not based on any finding of the jury, in violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and

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