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Waiters v. State

Supreme Court of Florida
Jun 23, 2017
CASE NO.: SC16-2188 (Fla. Jun. 23, 2017)

Opinion

CASE NO.: SC16-2188

06-23-2017

DANNY WAITERS, JR. Petitioner(s) v. STATE OF FLORIDA Respondent(s)


Lower Tribunal No(s).: 2D14-4589; 412013CF000168CFAXMA

Upon review of the response to this Court's Order to Show Cause dated December 29, 2016, the Court has determined that it should accept jurisdiction in this case consistent with Kelsey v. State, 206 So. 3d 5 (Fla. 2016). The State, in its response, concedes that Kelsey mandates resentencing in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. It is therefore ordered that the Petition for Review is granted, that the Second District Court of Appeal's decision in this case is quashed, and that this matter is remanded to the district court for further proceedings consistent with Kelsey.

No Motion for Rehearing will be entertained by the Court. LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, and LAWSON, JJ., concur.
CANADY and POLSTON, JJ., dissent.
A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court ca
Served:
JASON MICHAEL MILLER
CAROL J. YOUNG WILSON
CERESE CRAWFORD TAYLOR
HON. ANGELINA M. COLONNESO, CLERK
HON. MARY BETH KUENZEL, CLERK
HON. EDWARD NICHOLAS, JUDGE


Summaries of

Waiters v. State

Supreme Court of Florida
Jun 23, 2017
CASE NO.: SC16-2188 (Fla. Jun. 23, 2017)
Case details for

Waiters v. State

Case Details

Full title:DANNY WAITERS, JR. Petitioner(s) v. STATE OF FLORIDA Respondent(s)

Court:Supreme Court of Florida

Date published: Jun 23, 2017

Citations

CASE NO.: SC16-2188 (Fla. Jun. 23, 2017)