Gary M. DIRK, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· September 21, 2012 · Docket No. 5D06-3770
114 So. 3d 1024
Syllabus
Gary M. DIRK, Appellant, v. STATE of Florida, Appellee. No. 5D06-3770. District Court of Appeal of Florida, Fifth District. Sept. 21, 2012. Rehearing Denied Nov. 5, 2012. James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
Full Opinion (740 characters)
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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