GARCIA v. STATE (2022)

District Court of Appeal of Florida, Fourth District.

Tony GARCIA, Appellant, v. STATE of Florida, Appellee.

No. 4D17-3751

Decided: October 12, 2022

Carey Haughwout, Public Defender, and Jessica A. De Vera, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Paul Patti, III, Assistant Attorney General, West Palm Beach, for appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

This case is on remand from the Florida Supreme Court following its decision in State v. Garcia, 346 So.3d 581 (Fla. Aug. 25, 2022), which quashed our decision in Garcia v. State, 279 So. 3d 148 (Fla. 4th DCA 2019), to the extent that it required the trial court to resentence appellant. The Florida Supreme Court did not disturb the portion of our previous decision affirming appellant's conviction. Therefore, in accordance with our supreme court's mandate, we affirm appellant's sentence.

Affirmed.

Per Curiam.

Gross, Damoorgian and Ciklin, JJ., concur.

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