Opinion
No. 1D19-0209
01-14-2021
Alexander M ALBRITTON, Appellant, v. STATE of Florida, Appellee.
Jessica J. Yeary, Public Defender, and Justin Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Tabitha R. Herrera, Assistant Attorney General, Tallahassee, for Appellee.
Jessica J. Yeary, Public Defender, and Justin Karpf, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Tabitha R. Herrera, Assistant Attorney General, Tallahassee, for Appellee.
ON MOTION FOR WRITTEN OPINION, REHEARING, REHEARING EN BANC, AND CERTIFICATION OF QUESTION OF GREAT PUBLIC IMPORTANCE
Per Curiam.
The motion for rehearing is granted. The previous opinion issued herein on May 20, 2020, is withdrawn and, in its stead, the following is issued as the decision of the Court.
We reverse the trial court's "Order Granting the State's Motion to Reinstate the Court's Order Denying the Defendant's Fifth Motion for Postconviction Relief" and remand for a de novo resentencing hearing. See State v. Jackson , 306 So.3d 936 (Fla. Nov. 25, 2020) ; State v. Okafor , 306 So.3d 930 (Fla. Nov. 25, 2020). In light of our decision, we deny Appellant's motions for written opinion, rehearing en banc, and for certification.
REVERSED and REMANDED for resentencing.
Lewis, Winokur, and Jay, JJ., concur.