MERLE STOKES v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fourth District.

MERLE J. STOKES, Appellant, v. STATE OF FLORIDA, Appellee.

No. 4D14-945

Decided: January 04, 2017

Diamond R. Litty, Public Defender, and Usha Maharajh, Assistant Public Defender, Stuart, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

We reverse the order denying appellant's motion for postconviction relief and remand for resentencing pursuant to Atwell v. State, 197 So. 3d 1040 (Fla. 2016). Appellant is entitled to be resentenced pursuant to the sentencing provisions enacted in Chapter 2014–220, Laws of Florida. Id. at 1050; Michel v. State, No. 4D13-1123, 2016 WL 6626028, at *1 (Fla. 4th DCA Nov. 9, 2016) (certifying conflict with Stallings v. State, 198 So. 3d 1081 (Fla. 5th DCA 2016) and Williams v. State, 198 So. 3d 1084 (Fla. 5th DCA 2016)).

Reversed and remanded for resentencing.

PER CURIAM.

GROSS, MAY and LEVINE, JJ., concur.

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