Opinion
CASE NO.: SC16-2061
06-23-2017
AMER ALI EJAK Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 2D13-5332; 292009CF015728000BHC
Upon review of the response to this Court's Order to Show Cause dated December 29, 2016, the Court has determined that it should accept jurisdiction in this case consistent with Kelsey v. State, 206 So. 3d 5 (Fla. 2016). The State, in its response, concedes that Kelsey mandates resentencing in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. It is therefore ordered that the Petition for Review is granted, that the Second District Court of Appeal's decision in this case is quashed, and that this matter is remanded to the district court for further proceedings consistent with Kelsey.
No Motion for Rehearing will be entertained by the Court. LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur. A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court two
Served: MAUREEN E. SURBER
CERESE CRAWFORD TAYLOR
HON. PAT FRANK, CLERK
HON. MARY BETH KUENZEL, CLERK
HON. EMMETT LAMAR BATTLES, JUDGE