Opinion
CASE NO.: SC13-2523
12-13-2016
JAMES PATRICK BONIFAY Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 1D12-2859; 1991-0606-CFD
Upon review of the responses 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 First 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, 197 So. 3d 1040 (Fla. 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: VIRGINIA CHESTER HARRIS
GLEN PHILLIP GIFFORD
TRISHA MEGGS PATE
HON. T. MICHAEL JONES, JUDGE
HON. PAM CHILDERS, CLERK
HON. JON S. WHEELER, CLERK