Opinion
CASE NO.: SC14-2008
06-08-2016
EDUARDO A. HERNANDEZ Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 1D12-5952; 372011CF003232A00100
Upon review of the responses to this Court's Order to Show Cause dated April 27, 2016, the Court has determined that it should accept jurisdiction in this case. In light of our decision 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:
MICHELLE PATRICE SMITH
TRISHA MEGGS PATE
MICHAEL BRENT MCDERMOTT
HON. BOB INZER, CLERK HON. JON S. WHEELER, CLERK
GLEN PHILLIP GIFFORD
HON. JAMES C. HANKINSON, JUDGE
HON. WILLIAM N. MEGGS