Dirk v. State

District Court of Appeal of Florida

Dirk v. State

114 So. 3d 1024, 2012 WL 4208054, 2012 Fla. App. LEXIS 15878

CourtDistrict Court of Appeal of Florida

DecidedSeptember 21, 2012

DocketNo. 5D06-3770

StatusPublished

Cited by1 cases

This text of 114 So. 3d 1024 (Dirk v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dirk v. State, 114 So. 3d 1024, 2012 WL 4208054, 2012 Fla. App. LEXIS 15878 (Fla. Ct. App. 2012).

Pincite

Opinion

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

114 So. 3d 1024, 2012 WL 4208054, 2012 Fla. App. LEXIS 15878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dirk-v-state-fladistctapp-2012.

Opinion

Related

Cite This Page — Counsel Stack