Opinion
CASE NO.: SC13-2068
04-27-2016
THOMAS MURPHY Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 1D12-4514; 1D12-4810; 2011CF3198
Upon review of the State's response to this Court's Order to Show Cause dated October 13, 2015, the Court has determined that it should accept jurisdiction in this case. In light of our decision in 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:
KAREN MARCIA GOTTLIEB
WILLIAM RUDOLF PONALL
SONYA RUDENSTINE
MEGAN LYNNE LONG
TRISHA MEGGS PATE HEATHER FLANAGAN ROSS
HON. BOB INZER, CLERK
HON. JON S. WHEELER, CLERK
HON. FRANK ELWYN
SHEFFIELD, JUDGE