TIMOTHY D. LESTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TIMOTHY D. LESTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
987 So. 2d 784
Florida District Court of Appeal, Fifth District (2008)
Opinion of the Court
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. 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.
AFFIRMED.
SAWAYA and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004)
- Galindez v. State, 955 So. 2d 517 (Fla. 2007)
- Lester v. State, 976 So. 2d 577 (Fla. 2008)
- Barron v. State, 976 So. 2d 577 (Fla. 2008)