CLEO LECROY v. STATE OF FLORIDA

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Supreme Court of Florida.

CLEO LECROY Petitioner(s) v. STATE OF FLORIDA Respondent(s)

CASE NO.: SC14-863

Decided: December 13, 2016

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

Test:

John A. Tomasino Clerk, Supreme Court

lc

Served:

CONSIGLIA TERENZIO

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.

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