STATE of Florida, Petitioner, v. Julius McGRIFF, Respondent
Florida Supreme Court
· August 25, 2011 · Docket No. SC07-436
70 So. 3d 558
Syllabus
STATE of Florida, Petitioner, v. Julius McGRIFF, Respondent. No. SC07-436. Supreme Court of Florida. Aug. 25, 2011. Pamela Jo Bondi, Attorney General, Trisha Meggs Pate, Bureau Chief, and Christine Ann Guard, Assistant Attorneys General, Tallahassee, FL, for Petitioner. John Stewart Mills of The Mills Firm, P.A., Tallahassee, FL, for Respondent.
Full Opinion (911 characters)
PER CURIAM. We previously granted review of McGriff v. State, — So.3d-, 2007 WL 516148 (Fla. 1st DCA 2007), to resolve a certified conflict in the district courts regarding the applicability of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), to resentencing proceedings which became final after Ap-prendi and Blakely issued where the conviction and the original sentence were final before they issued. See art. V, § 3(b)(4), Fla. Const.; State v. McGriff, 4 So.3d 677 (Fla.2009) (granting review). We resolved this conflict, however, in State v. Fleming, 61 So.3d 399 (Fla.2011). Accordingly, we have determined to discharge jurisdiction in McGriff and dismiss this review proceeding. It is so ordered. CANADY, C.J., and PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur. POLSTON, J., recused.
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