Lester v. State (987 So. 2d 784, 2008)

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 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 resentenc-ing was harmless beyond a reasonable doubt. See Galindez, 955 So.2d at 521-24.

AFFIRMED.

SAWAYA and COHEN, JJ., concur.