Opinion
CASE NO.: SC15-2314
10-28-2016
ROBERT HOWARD Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 2D14-4411; 531981CF002362A2XXXX
Upon review of the response to this Court's Order to Show Cause dated August 25, 2016, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Second District Court of Appeal's decision in this case is quashed, and this matter is remanded to the district court with instructions that the case be further remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. See Atwell v. State, 41 Fla. L. Weekly S244 (Fla. May 26, 2016).
No Motion for Rehearing will be entertained by the Court. LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur. A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court two
Served: MAUREEN E. SURBER
CERESE CRAWFORD TAYLOR
HON. STACY M. BUTTERFIELD, CLERK
HON. MARY BETH KUENZEL, CLERK
HON. REINALDO J. OJEDA, JUDGE