AMANDA LYNN MANATA v. STATE OF FLORIDA (2017)

OPINION ON MOTION TO ENFORCE MANDATE

The movant filed a motion asking this Court to enter an opinion enforcing its mandate. We grant the motion.

Ms. Manata was convicted of organized scheme to defraud and grand theft. This Court held that convictions for both crimes violate double jeopardy principles, and ordered the lower court to vacate the grand theft conviction. This Court affirmed the conviction for organized scheme to defraud, but remanded for the limited purpose of resentencing on that count. Instead, at the State's request, the trial court resentenced Ms. Manata on the grand theft conviction and dismissed the organized scheme to defraud conviction. As numerous courts, including this one, have held:

When an appellate court issues a mandate, compliance with the mandate by the circuit court is purely a ministerial act. The circuit court does not have the authority to modify, nullify or evade that mandate.

Huffman v. Moore, 834 So. 2d 300 (Fla. 1st DCA 2002) (citations omitted). Thus, we grant the motion to enforce mandate and direct the trial court to quash the order resentencing the appellant on the grand theft and the order dismissing the organized scheme to defraud conviction. The trial court is again directed to vacate the appellant's conviction for grand theft and to resentence the appellant on the organized scheme to defraud conviction.

PER CURIAM.

ROBERTS, C.J., MAKAR and OSTERHAUS, JJ., CONCUR.