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987 So. 2d 784

Docket No. 5D05-2489.

Lester v. State

Timothy D. LESTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2008-08-01

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

Decided 2008-08-01

¶1James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

¶3

ON REMAND

¶4LAWSON, J.

¶5We reconsider this matter on remand from the Florida Supreme Court, which directed that we conduct a harmless error analysis based upon its decision in Galindez v. State, 955 So.2d 517 (Fla.2007). See Lester v. State, 976 So.2d 577 (Fla.2008). We affirm Lester'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 Lester's resentencing was harmless beyond a reasonable doubt. See Galindez, 955 So.2d at 521-24.

¶6AFFIRMED.

¶7SAWAYA and COHEN, JJ., concur.

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