Opinion
CASE NO.: SC14-863
12-13-2016
CLEO LECROY Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 4D14-10; 501981CF000219A
Upon review of the response to this Court's Order to Show Cause dated August 24, 2016, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fourth District Court of Appeal's decision in this case is quashed, and this matter is remanded to the district court with instructions that the case be further remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. See Atwell v. State, 197 So. 3d 1040 (Fla. 2016).
No Motion for Rehearing will be entertained by the Court. LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, and PERRY, JJ., concur.
CANADY and POLSTON, JJ., dissent. A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court lc
Served: CONSIGLIA TERENZIO
KAI LI ALOE FOUTS
HON. SHARON BOCK, CLERK
HON. STEPHEN A. RAPP, JUDGE MELANIE A. DALE
JAMES L. EISENBERG
HON. LONN WEISSBLUM, CLERK