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Kelly v. State

DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
Jun 9, 2017
CASE NO. 1D16-5141 (Fla. Dist. Ct. App. Jun. 9, 2017)

Opinion

CASE NO. 1D16-5141

06-09-2017

MARLON F. KELLY, Petitioner, v. STATE OF FLORIDA, Respondent.

Andy Thomas, Public Defender, and M. J. Lord, Assistant Public Defender, Tallahassee, for Petitioner. Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Petition for Writ of Habeas Corpus -- Original Jurisdiction. Andy Thomas, Public Defender, and M. J. Lord, Assistant Public Defender, Tallahassee, for Petitioner. Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM.

The petition for writ of habeas corpus is granted. Petitioner's sentence is hereby vacated, and this matter is remanded for resentencing in accordance with Hatten v. State, 203 So. 3d 142 (Fla. 2016).

PETITION GRANTED; REMANDED. LEWIS, B.L. THOMAS, and ROWE, JJ., CONCUR.


Summaries of

Kelly v. State

DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
Jun 9, 2017
CASE NO. 1D16-5141 (Fla. Dist. Ct. App. Jun. 9, 2017)
Case details for

Kelly v. State

Case Details

Full title:MARLON F. KELLY, Petitioner, v. STATE OF FLORIDA, Respondent.

Court:DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: Jun 9, 2017

Citations

CASE NO. 1D16-5141 (Fla. Dist. Ct. App. Jun. 9, 2017)