Stice v. State

Full title: MICHAEL R. STICE, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Nov 15, 2002

829 So. 2d 1005 (Fla. Dist. Ct. App. 2002)

Opinion

Case No: 2D02-1454

November 15, 2002.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Collier County; Lauren L. Miller, Judge.

BY ORDER OF THE COURT:

Appellant's motion for rehearing is granted.

Appellant's motion for rehearing en banc is denied as moot. The opinion dated September 4, 2002, is withdrawn, and the attached opinion is substituted therefor.

I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER.

JAMES BIRKHOLD, CLERK

PER CURIAM.

Michael Ray Stice appeals the summary denial of his Florida Rule of Criminal Procedure Rule 3.800(a) motion. In accordance with Pantle v. State, 784 So.2d 1139 (Fla.2d DCA 2001), Stice is entitled to be resentenced under the 1994 guidelines. We certify conflict with Vause v. State, 803 So.2d 799 (Fla. 1st DCA 2001).

Reversed and remanded for resentencing.

GREEN, DAVIS, and COVINGTON, JJ., Concur.