SC02-2247 - James Michael Hughes v. State Of Florida

State: Florida

Docket No: SC02-2247

Case Date: 04/28/2005

Preview:Supreme Court of Florida
____________ No. SC02-2247 ____________ JAMES MICHAEL HUGHES, Petitioner, vs. STATE OF FLORIDA, Respondent. [April 28, 2005] CANTERO, J. In this case, we consider whether a decision of the United States Supreme Court applies to defendants whose convictions already were final when that case was decided. In Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), the United States Supreme Court held that "[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt." In Hughes v. State, 826 So. 2d 1070 (Fla. 1st DCA 2002), the district court certified as a question of great public importance whether the rule announced in Apprendi

applies retroactively.1 We have jurisdiction. See art. V,

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