GARY M. DIRK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2012-09-21
No. 5D06-3770
SAWAYA, TORPY and EVANDER, JJ., concur.
114 So. 3d 1024 Florida District Court of Appeal, Fifth District (2012) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

ON REMAND

PER CURIAM.

We 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).

AFFIRMED.

SAWAYA, TORPY and EVANDER, JJ., concur.


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