Henry v. State

Full title: Leighdon HENRY, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Nov 3, 2017

235 So. 3d 969 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 5D17–92

11-03-2017

Leighdon HENRY, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant. Leighdon Henry, Malone, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Leighdon Henry, Malone, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.We grant Leighdon Henry's Motion for Rehearing, withdraw our earlier per curiam affirmance and substitute the following in its place.

As to Counts 1, 2, 3 and 5, the sentencing documents shall, on remand, be amended to reflect that Henry is entitled to a review of his sentence after serving twenty years, not twenty years after the date of his initial sentencing. See § 921.1402(2)(d), Fla. Stat. (2014) ; Tyson v. State, 199 So.3d 1087, 1089 (Fla. 5th DCA 2016).

AFFIRMED and REMANDED.

PALMER, ORFINGER and TORPY, JJ., concur.