William J. Plott, Petitioner v. State of Florida, Respondent — Canady, J., Dissenting

Summary

Justice Canady dissented, concluding that the court lacked conflict jurisdiction because the lower courts had not decided the same legal issue on substantially similar controlling facts. He reasoned that the statement relied on from Hughes was dicta concerning the use of rule 3.800(a), while the actual holding in Hughes addressed only Apprendi's retroactivity. The dissent therefore would not have reviewed the Plott decision.