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114 So. 3d 1024

Dirk v. State

District Court of Appeal of Florida

Decided September 21, 2012

District Court of Appeal of Florida · decided 2012-09-21

Cited by 1 later decisions — most recently February 2019

1 state decisions

Relies on Apprendi v. New Jersey · Blakely v. Washington · 955 So. 2d 517 - Galindez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2012-09-21

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¶1 ON REMAND

PER CURIAM.

¶2We reconsider this matter on remand from the Florida Supreme Court. See Dirk v. State, 84 So.3d 203 (Fla.2012). We affirm Dirk’s upward departure sentence, finding that any error in the trial court’s failure to apply 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), at Dirk’s resentencing was harmless error. See Galindez v. State, 955 So.2d 517 (Fla.2007). The record demonstrates beyond a reasonable doubt that a rational jury would have found that Dirk had engaged in an escalating pattern of criminal conduct. Barfield v. State, 594 So.2d 259 (Fla.1992).

¶3AFFIRMED.

SAWAYA, TORPY and EVANDER, JJ., concur.
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