GEORGE WALLACE v. STATE OF FLORIDA (2016)

Upon review of the responses to this Court's Order to Show Cause dated August 24, 2016, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fourth District Court of Appeal's decision in this case is quashed, and this matter is remanded to the district court with instructions 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).

No Motion for Rehearing will be entertained by the Court.

A True Copy Test:

John A. Tomasino Clerk, Supreme Court

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Served:

PAUL EDWARD PETILLO

MELANIE DALE SURBER

HON. ROBIN LEE ROSENBERG, JUDGE

HON. SHARON BOCK, CLERK

HON. LONN WEISSBLUM, CLERK

CONSIGLIA TERENZIO

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, and PERRY, JJ., concur. CANADY and POLSTON, JJ., dissent.