Morrow v. State

Appellant seeks review of the denial of his rule 3.800(a) motion in which he claimed that his upward departure sentence is illegal under Apprendi1 and Blakely.2 In denying the motion, the trial court determined that Appellant’s sentence is legal because the Apprendi/Blakely violation was harmless under Galindez v. State, 955 So.2d 517 (Fla.2007).

Appellant contends that the trial court’s disposition of the motion exceeds this court’s mandate in Morrow v. State, 972 So.2d 202 (Fla. 1st DCA 2006), and that the record excerpts attached to the trial court’s order do not conclusively show that he…