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LESTER v. STATE

No. 5D05-2489.

923 So.2d 596 (2006)

Timothy D. LESTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 24, 2006.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

LAWSON, J.

Timothy D. Lester seeks review of an order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Relying on Isaac v. State, 911 So.2d 813 (Fla. 1st DCA 2005), Lester alleges that his upward departure sentence upon re-sentencing is illegal under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000...

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