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CORTES v. STATE

No. 3D05-1470.

920 So.2d 680 (2006)

David Andrew CORTES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 18, 2006.

Attorney(s) appearing for the Case

Milne & Smith and Sydney Smith, for appellant.

Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee.

Before GERSTEN, GREEN and WELLS, JJ.

WELLS, Judge.

David Andrew Cortes appeals from an order denying his second motion to correct illegal sentence claiming that his upward departure sentence violated the principles enunciated in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004)...

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