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NOEL v. STATE

No. 4D12-1630.

125 So.3d 243 (2013)

Yves NOEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 27, 2013.

Attorney(s) appearing for the Case

Yves Noel, South Bay, pro se.

No appearance required for appellee.

WARNER, J.

Yves Noel appeals an order summarily denying his rule 3.800(a) motion. He claims that his sentence for delivery of cocaine within 1000 feet of a school is illegal, because the jury failed to make an essential finding to support the increased punishment under section 893.13(1)(c)1. We affirm, as appellant is seeking a retroactive application of Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435...

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