Opinion
CASE NO.: SC16-514
06-23-2017
BERNARD WHITE Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 1D14-4298; 162010CF002858AXXXMA
Upon review of the responses 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 First 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:
GLEN PHILLIP GIFFORD
THOMAS H. DUFFY
HON. JON S. WHEELER, CLERK
HON. RONNIE FUSSELL, CLERK
HON. MALLORY DURDEN COOPER, JUDGE