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FLEMING v. STATE

No. 1D05-3411.

88 So.3d 288 (2012)

Christian FLEMING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 5, 2012.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and P. Douglas Brinkmeyer , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Carolyn J. Mosley , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

This case was remanded from the Florida Supreme Court in State v. Fleming, 61 So.3d 399 (Fla.2011), for a determination as to whether an Apprendi violation in connection with the appellant's guidelines departure sentence was harmless error, where those reasons were not submitted for a jury finding. A review of the record indicates that there is no reasonable doubt that the jury would have found two of the...

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