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Title: Galindez v. State
Author : 2005 In the District Court of Appeal of Florida Third District July Term A.D.
Release Date : January 20, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

The defendant-appellant was convicted in 1998 of multiple sexual offenses after a jury trial. The convictions and sentences were affirmed in Galindez v. State, 728 So. 2d 333 (Fla. 3d DCA 1999). The defendant then moved for relief from the sentences under Rule 3.800, and appealed from its denial. In Galindez v. State, 831 So. 2d 780 (Fla. 3d DCA 2002), rendered on January 13, 2003, we partially reversed and remanded on the ground that the trial court had overassessed the points for penetration in preparing the guideline scoresheet. The present appeal is from a resentencing order entered on November 21, 2003, in accordance with our mandate in that case. The primary issue is the claim that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed. 2d 435 (2000), and, more precisely, Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed. 2d 403 (2004), decided on June 24, 2004, require the invalidation of any points for penetration because they were assessed by the court, rather than by the jury.