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STATE v. JOHNSON

No. SC09-1570.

122 So.3d 856 (2013)

STATE of Florida, Petitioner, v. Sirron JOHNSON, Respondent.

Supreme Court of Florida.

June 27, 2013.

Attorney(s) appearing for the Case

Pamela Jo Bondi , State Attorney, Trisha Meggs Pate , Bureau Chief, Criminal Appeals, Christine Ann Guard , Assistant Attorney General, Tallahassee, FL, for Petitioner.

Henry Gerome Gyden , of Haas, Lewis, Difiore, P.A., Tampa, FL, for Respondent.

CANADY, J.

In this case, we consider whether the definition of the term "statutory maximum" announced in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), applies to final criminal sentences imposed before the decision in Blakely issued. In Johnson v. State, 18 So.3d 623, 625 (Fla. 1st DCA 2009), the First District Court of Appeal held that Blakely...

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