BONIFAY v. STATE (2021)

District Court of Appeal of Florida, First District.

James Patrick BONIFAY, Appellant, v. STATE of Florida, Appellee.

No. 1D18-5323

Decided: January 04, 2021

Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.

On Motion for Rehearing, Rehearing En Banc, and Certification of Great Public Importance

After careful consideration of Appellant's motions, we withdraw our opinion dated May 26, 2020, and grant Appellant's Motion for Rehearing. Accordingly, the cause is remanded to the trial court for resentencing in accordance with the Florida Supreme Court's original mandate instructing this Court that “the case be further remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. See Atwell v. State, 197 So. 3d 1040 (Fla. 2016).” Bonifay v. State, 2016 WL 7212327 (Fla. Dec. 13, 2016). In light of our decision, we deny Appellant's motions for rehearing en banc and for certification.

Reversed and Remanded for resentencing.

Per Curiam.

Lewis, Winokur, and Jay, JJ., concur.

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