ALBERT STAFFORD v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fourth District.

ALBERT STAFFORD, Appellant, v. STATE OF FLORIDA, Appellee.

No. 4D13-1532

Decided: January 18, 2017

Carey Haughwout, Public Defender, and Paul Edward Petillo, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Catherine Linton and Luke R. Napodano , Assistant Attorneys 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.

CIKLIN, C.J., CONNER and FORST, JJ., concur.

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