GABRIEL v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Ridge GABRIEL, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-3264

Decided: May 21, 2021

Matthew J. Metz, Public Defender, and Kevin R. Holtz and Scott G. Hubbard, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

ON REMAND FROM FLORIDA SUPREME COURT

The Florida Supreme Court quashed our decision affirming in part and reversing in part Ridge Gabriel's sentence. State v. Gabriel, 314 So.3d 1243 (Fla. Apr. 8, 2021), quashing Gabriel v. State, ––– So.3d ––––, 44 Fla. L. Weekly D2913, 2019 WL 6621255 (Fla. 5th DCA Dec. 6, 2019). Answering our certified question, the Florida Supreme Court held that “under section 921.0024(2), [Florida Statutes (2012),] the [lowest-permissible sentence] is an individual minimum sentence where there are multiple convictions subject to sentencing on a single scoresheet.” Id. at 1246. Accordingly, we withdraw our decision reversing Gabriel's sentence in part, and affirm in full the trial court's ruling.

AFFIRMED.

FOOTNOTES

FOOTNOTE.

PER CURIAM. FN1. Judge Traver has been substituted for Judge Jacobus, who was on the original panel.

EVANDER, C.J., HARRIS and TRAVER,1 JJ., concur.

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