Tonelli v. State

Full title: FERNANDO LUMINATI TONELLI, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 30, 1999

733 So. 2d 1161 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2975

Opinion filed June 30, 1999.

An Appeal under Fla. R. App. P. 9.140(i) from the Circuit Court for Dade County, Robert Scola, Jr., Judge, L.T. No. 96-13085.

Marisa Tinkler Mendez, for appellant.

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for appellee.

Before GERSTEN, FLETCHER and SHEVIN, JJ.

On Motion For Rehearing/Clarification

PER CURIAM.

On Motion For Rehearing/Clarification

We grant Fernando Luminati Tonelli's Motion for Rehearing and vacate this court's opinion dated May 5, 1999. Based on the recent Florida Supreme Court opinion, Wood v. State, 24 Fla. L. Weekly S240 (Fla. May 27, 1999), we reverse the order denying Tonelli's motion for post-conviction relief. In accordance with Wood and the modification to Florida Rule of Appellate Procedure 3.850 contained therein, Tonelli is entitled to reconsideration of his motion as he no longer must be in custody. We therefore remand for further proceedings consistent with Wood.

Reversed and remanded.