CLEO LECROY Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Upon review of the response 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
John A. Tomasino Clerk, Supreme Court
KAI LI ALOE FOUTS
HON. SHARON BOCK, CLERK
HON. STEPHEN A. RAPP, JUDGE
MELANIE A. DALE
JAMES L. EISENBERG
HON. LONN WEISSBLUM, CLERK
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, and PERRY, JJ., concur. CANADY and POLSTON, JJ., dissent.