Opinion
Case No. 3D01-1427
Opinion filed February 13, 2002.
An Appeal from the Circuit Court for Dade County, Leslie Rothenberg, Judge. Lower Tribunal No. 99-3580.
Bennett H. Brummer, Public Defender and Robert Kalter, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Jill K. Traina, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.
No error has been demonstrated either on the substantive point presented, see Johnson v. State, 786 So.2d 1162 (Fla. 2001), or in the upward departure sentence. § 921.0016(3), Fla. Stat. (1997). See McCallister v. State, 716 So.2d 821 (Fla. 4th DCA 1998); Semenec v. State, 698 So.2d 900 (Fla. 4th DCA 1997); Davis v. State, 700 So.2d 130 (Fla. 4th DCA 1997).
Affirmed.