MARK ANTHONY SMITH v. STATE OF FLORIDA (2016)

Upon review of the responses to this Court's Order to Show Cause dated September 25, 2015, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fifth District Court of Appeal's decision in this case is quashed, and this matter is remanded for resentencing in light of the decisions Kelsey v. State, 2016 WL 7159099 (Fla. Dec. 8, 2016); Henry v. State, 175 So. 3d 675 (Fla. 2015); and Gridine v. State, 175 So. 3d 672 (Fla. 2015).

No Motion for Rehearing will be entertained by the Court.

See Kelsey v. State, 2016 WL 7159099 (Fla. Dec. 8, 2016) (Polston, J., dissenting).

A True Copy Test:

John A. Tomasino Clerk, Supreme Court

ca

Served:

WESLEY HAROLD HEIDT

KELLIE ANNE NIELAN

SUSAN FAGAN

HON. JOHN M GRIESBAUM, JUDGE

HON. JOANNE P. SIMMONS, CLERK

HON. SCOTT ELLIS, CLERK

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, and PERRY, JJ., concur. POLSTON, J., dissents with an opinion, in which CANADY, J., concurs. POLSTON, J., dissenting. CANADY, J., concurs.