Graves v. State

Full title: Jallil GRAVES, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Feb 16, 2017

209 So. 3d 687 (Fla. Dist. Ct. App. 2017)

Opinion

CASE NO. 1D14–5771

02-16-2017

Jallil GRAVES, Appellant, v. STATE of Florida, Appellee.

Nancy A. Daniels, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Angela R. Hensel, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Nancy A. Daniels, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Angela R. Hensel, Assistant Attorney General, Tallahassee, for Appellee.

OPINION UPON REMAND

PER CURIAM.

By order issued December 15, 2016, in Graves v. State , SC16–1360, this court's previous opinion was quashed and remanded for reconsideration, in light of Hatten v. State , 203 So.3d 142 (Fla. 2016).

Upon reconsideration of this appeal, Appellant's conviction, upon the jury's guilty verdict, for attempted second-degree murder while in possession of a firearm is affirmed. However, the sentence of 42 years' incarceration with a minimum term of 25 years, pursuant to section 775.087(2), Florida Statutes, is reversed and remanded for resentencing, in accordance with the opinion in Hatten .

ROWE, MAKAR, and BILBREY, JJ., CONCUR.