ALBRITTON v. STATE (2021)

District Court of Appeal of Florida, First District.

Alexander M ALBRITTON, Appellant, v. STATE of Florida, Appellee.

No. 1D19-0209

Decided: January 14, 2021

Jessica J. Yeary, Public Defender, and Justin Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Tabitha R. Herrera, Assistant Attorney General, Tallahassee, for Appellee.

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

The motion for rehearing is granted. The previous opinion issued herein on May 20, 2020, is withdrawn and, in its stead, the following is issued as the decision of the Court.

We reverse the trial court's “Order Granting the State's Motion to Reinstate the Court's Order Denying the Defendant's Fifth Motion for Postconviction Relief” and remand for a de novo resentencing hearing. See State v. Jackson, 306 So.3d 936 (Fla. Nov. 25, 2020); State v. Okafor, 306 So.3d 930 (Fla. Nov. 25, 2020). In light of our decision, we deny Appellant's motions for written opinion, rehearing en banc, and for certification.

Reversed and Remanded for resentencing.

Per Curiam.

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

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