Cortes v. State

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. *681296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We affirm because these decisions do not apply to Cortes’ sentence.

In Hughes v. State, 901 So.2d 837, 839 (Fla.2005), the Florida Supreme Court confirmed that these…