BULLARD v. STATE (2018)

District Court of Appeal of Florida, First District.

Leon BULLARD, Appellant, v. STATE of Florida, Appellee.

No. 1D14–2076

Decided: April 05, 2018

Andy Thomas, Public Defender, Barbara J. Busharis, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Sharon Traxler, Assistant Attorney General, Tallahassee, for Appellee.

Upon Remand from the Florida Supreme Court

Our prior opinion of July 14, 2015, was quashed by the Florida Supreme Court “for reconsideration in light of our decisions in Walton v. State, 208 So.3d 60 (Fla. 2016), and Williams v. State, 186 So.3d 989 (Fla. 2016).” Bullard v. State, 2017 WL 2302327 (Fla. May 26, 2017). Upon reconsideration, we reverse with direction to grant Appellant a new trial, as mandated by Roberts v. State, 242 So.3d 296, 2018 WL 1100825 (Fla. Mar. 1, 2018), and Walton.

We need not address Williams in light of our decision granting a new trial, but as requested by Appellant, we note our prior opinion held that Appellant could not be convicted of aggravated battery with a firearm, as we determined that the evidence could not support a finding of a second discharge of the firearm. Bullard v. State, 168 So.3d 346 (Fla. 1st DCA 2015), rev. granted, 2017 WL 2302327 (Fla. May 26, 2017).

Reversed and Remanded for new trial.

Per Curiam.

B.L. Thomas, C.J., and Kelsey and Jay, JJ., concur.

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