JAMES PATRICK BONIFAY v. STATE OF FLORIDA

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Supreme Court of Florida.

JAMES PATRICK BONIFAY Petitioner(s) v. STATE OF FLORIDA Respondent(s)

CASE NO.: SC13-2523

Decided: December 13, 2016

Upon review of the responses to this Court's Order to Show Cause dated August 25, 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 First 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:

CASE NO.: SC13-2523

Page Two

VIRGINIA CHESTER HARRIS

GLEN PHILLIP GIFFORD

TRISHA MEGGS PATE

HON. T. MICHAEL JONES, JUDGE

HON. PAM CHILDERS, CLERK

HON. JON S. WHEELER, CLERK

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

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