Opinion
Case No. 5D09-662.
May 27, 2009.
BY ORDER OF THE COURT:
Upon consideration of the State's Response to our Order issued on April 29, 2009, and its agreement that this Court's decision filed April 14, 2009, should be withdrawn and the matter remanded to the lower court to correct the sentencing error it attempted to correct when it was without jurisdiction due to the pendency of this appeal and this Court's April 14, 2009, decision, it is
ORDERED that the Court's prior decision of April 14, 2009 is withdrawn and this cause is remanded to the trial court for a period of forty-five days within which to resentence Appellant in accordance with its March 25, 2009, order. Upon Appellant's notification that this has been accomplished, this appeal will be dismissed as moot.