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DELAFÉ v. STATE

No. 1D12-1516.

106 So.3d 483 (2013)

Davide Forrest DELAFÉ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 14, 2013.

Attorney(s) appearing for the Case

Davide Forrest DeLaFé, pro se, Appellant.

Pamela Jo Bondi , Attorney General, and Donna A. Gerace , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of all but one of the appellant's claims.

In his motion, the appellant asserts that he was illegally sentenced to an upward departure sentence based on reasons which were found by the trial court, rather than the jury. In Apprendi v. New Jersey, 530 U.S. 466

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