TIMOTHY D. LESTER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Court granted the petition for review, quashed the decision below, and remanded for application of a harmless error analysis.
The case involved a certified conflict between two District Court of Appeal decisions. Proceedings were stayed pending a related Supreme Court decisio…
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PER CURIAM.
We have for review Lester v. State, 923 So. 2d 596 (Fla. 5th DCA 2006), in which the Fifth District Court of Appeal certified conflict with Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005), notice to invoke discretionary jurisdiction filed, No. SC05-2047 (Fla. Oct.31, 2005). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We stayed proceedings in this case pending disposition of Galindez v. State, 955 So. 2d 517 (Fla.2007), which we ultimately decided on harmless error grounds based on a thorough review of the record. We thereafter issued an order directing petitioner to show cause why our Galindez decision should not control the outcome of the present case. However, petitioner’s response does not contain enough information or record attachments for us to perform a Galindez harmless error analysis. Moreover, we cannot unilaterally perform such an analysis, as the record is not before this Court.
We accordingly grant the petition for review in the present case. The decision under review is quashed and this matter is remanded to the Fifth District Court for application of a harmless error analysis based on our decision in Galindez and a thorough review of the record.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Fleming, 61 So. 3d 399 (Fla. 2011)…ply to any subsequent resentencings in such cases. See Cutts v. State, 940 So. 2d 1246, 1247 (Fla. 2d DCA 2006), quashed on other grounds, 976 So. 2d 579 (Fla.2008); Lester v. State, 923 So. 2d 596, 597 (Fla. 5th DCA 2006), quashed on other grounds, 976 So. 2d 577, 577 (Fla.2008); Hamilton v. State, 914 So. 2d 993, 994 (Fla. 4th DCA 2005), quashed on other grounds, 976 So. 2d 575, 576 (Fla.2008). C. Resolving the Conflict In holding that Apprendi and Blakely apply to resentencings regardless of the finality…
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Lester v. State, 987 So. 2d 784 (Fla. 5th DCA 2008)…LAWSON, J. We reconsider this matter on remand from the Florida Supreme Court, which directed that we conduct a harmless error analysis based upon its decision in Galin-dez 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 Ap-prendi 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.…
Authorities Cited
- Galindez v. State, 955 So. 2d 517 (Fla. 2007)
- Lemuel E. Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005)
- Neal v. State, 923 So. 2d 596 (Fla. 5th DCA 2006)
- Lester v. State, 923 So. 2d 596 (Fla. 5th DCA 2006)