The rule of Blakely v. Washington does not apply retroactively to convictions which became final prior to its publication. Blakely announced a new rule, it did not merely apply a preexisting rule. Because it defined the authority for sentencing matters, it created a procedural rule. Further, it did not affect the determination of guilt, but merely referred to the proof necessary for sentencing, and therefore did not implicate the fundamental fairness of the proceedings. It did not announce a watershed rule of criminal procedure subject to retroactive application.