Florida District Courts of Appeal, 2008

Lester v. State

Lester v. State
Florida District Courts of Appeal · Decided August 1, 2008 · Lawson
987 So. 2d 784; 2008 WL 2937825 (Southern Reporter, Second Series)

Lester v. State

Opinion

987 So.2d 784 (2008)

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

No. 5D05-2489.

District Court of Appeal of Florida, Fifth District.

August 1, 2008.

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

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

ON REMAND

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 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.

AFFIRMED.

SAWAYA and COHEN, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.