Opinion
No. 1D18-5323
05-26-2020
JAMES PATRICK BONIFAY, Appellant, v. STATE OF FLORIDA, Appellee.
Andy Thomas, Public Defender, and Justin F. Karpf, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.
On appeal from the Circuit Court for Escambia County.
W. Joel Boles, Judge.
AFFIRMED. See Marshall v. State, 44 Fla. L. Weekly D2561 (Fla. 2d DCA Oct. 18, 2019) (Order on Motion to Enforce Mandate) (denying defendant's motion to enforce mandate on the basis that its reasoning was "superseded by the supreme court" in Franklin v. State, 258 So. 3d 1239, 1241 (Fla. 2018), and acknowledging that "an intervening decision by a higher court contrary to the decision reached on the former appeal" was a "clear example" of an exception to the general rule binding the parties to the law of the case and demanding that the trial court not deviate from the mandate (quoting Strazzulla v. Hendrick, 177 So. 2d 1, 4 (Fla. 1965))). LEWIS, WINOKUR, and JAY, JJ., concur.
Not final until disposition of any timely and authorized motion under Fla . R. App. P. 9.330 or 9.331. Andy Thomas, Public Defender, and Justin F. Karpf, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.