WOODS v. STATE (2020)

District Court of Appeal of Florida, First District.

Alfred WOODS, Appellant, v. STATE of Florida, Appellee.

No. 1D19-453

Decided: August 17, 2020

Andy Thomas, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General; and Tabitha R. Herrera, Assistant Attorney General, Tallahassee, for Appellee.

Affirmed. See generally Rembert v. State, Case No. 1D19-2499, 300 So.3d 791 (Fla. 1st DCA July 13, 2020) (affirming trial court's denial of resentencing on remand notwithstanding earlier mandate based on Atwell v. State, 197 So. 3d 1040 (Fla. 2016), because Atwell had been overruled “by clear intervening precedent” in Franklin v. State, 258 So. 3d 1239 (Fla. 2018), before defendant was resentenced; approving “a trial court's ability to disregard a mandate ․ when it is undoubtedly certain that the basis for that mandate has been subsequently overruled before” compliance).

Per Curiam.

Kelsey, Jay, and Tanenbaum, JJ., concur.

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