Opinion
CASE NO.: SC14-1334
12-13-2016
Lower Tribunal No(s).: 5D13-1258; 2009-CF-2564; 2009-CF-2271; 2009-CF-2272
Upon review of the responses to this Court's Order to Show Cause dated September 28, 2015, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fifth District Court of Appeal's decision in this case is quashed, and this matter is remanded for resentencing in light of the decisions Kelsey v. State, 2016 WL 7159099 (Fla. Dec. 8, 2016); Henry v. State, 175 So. 3d 675 (Fla. 2015); and Gridine v. State, 175 So. 3d 672 (Fla. 2015).
No Motion for Rehearing will be entertained by the Court. A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court two
Served:
KELLIE ANNE NIELAN
WESLEY HAROLD HEIDT
JOHN M. SELDEN HON. PAMELA R. MASTERS, CLERK
HON. CARLOS E. MENDOZA
HON. TIM SMITH, CLERK