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EDWIN ROMAN Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Upon review of the response to this Court's Order to Show Cause dated December 29, 2016, the Court has determined that it should accept jurisdiction in this case consistent with Kelsey v. State, 206 So. 3d 5 (Fla. 2016). The State, in its response, concedes that Kelsey mandates resentencing in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. It is therefore ordered that the Petition for Review is granted, that the Second District Court of Appeal's decision in this case is quashed, and that this matter is remanded to the district court for further proceedings consistent with Kelsey.
No Motion for Rehearing will be entertained by the Court.
A True Copy
Test:
John A. Tomasino Clerk, Supreme Court
lc
Served:
MATTHEW DAVID BERNSTEIN
HON. MICHAEL E. RAIDEN, JUDGE
HON. MARY BETH KUENZEL, CLERK
HON. STACY M. BUTTERFIELD, CLERK
CERESE CRAWFORD TAYLOR
DAWN A. TIFFIN
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.
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Docket No: CASE NO.: SC16-2148
Decided: June 23, 2017
Court: Supreme Court of Florida.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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