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Elsberry v. State

Supreme Court of Florida
Apr 27, 2016
CASE NO.: SC14-322 (Fla. Apr. 27, 2016)

Opinion

CASE NO.: SC14-322

04-27-2016

DUSTIN ELSBERRY Petitioner(s) v. STATE OF FLORIDA Respondent(s)


Lower Tribunal No(s).: 1D12-6093; 2011-CF-3223

Upon review of the State's response to this Court's Order to Show Cause dated October 14, 2015, the Court has determined that it should accept jurisdiction in this case. In light of our decision in State v. Shelley, 176 So. 3d 914 (Fla. 2015), 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 case is remanded with the instruction to vacate the conviction and sentence for the lesser included offense.

No Motion for Rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2). 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: MEGAN LYNNE LONG
TRISHA MEGGS PATE
ANGELA RENEE HENSEL HON. BOB INZER, CLERK
HON. JON S. WHEELER, CLERK
HON. JAMES C. HANKINSON, JUDGE


Summaries of

Elsberry v. State

Supreme Court of Florida
Apr 27, 2016
CASE NO.: SC14-322 (Fla. Apr. 27, 2016)
Case details for

Elsberry v. State

Case Details

Full title:DUSTIN ELSBERRY Petitioner(s) v. STATE OF FLORIDA Respondent(s)

Court:Supreme Court of Florida

Date published: Apr 27, 2016

Citations

CASE NO.: SC14-322 (Fla. Apr. 27, 2016)

Citing Cases

Elsberry v. State

In light of Shelley, the Florida Supreme Court quashed our opinion in Elsberry. See Elsberry v. State, No.…