JOHNNIE LEE REMBERT v. STATE OF FLORIDA

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Supreme Court of Florida.

JOHNNIE LEE REMBERT Petitioner(s) v. STATE OF FLORIDA Respondent(s)

CASE NO.: SC15-2175

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 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:

VIRGINIA CHESTER HARRIS

JOHNNIE LEE REMBERT

HON. PAM CHILDERS, CLERK

HON. JENNIE MARIE KINSEY, JUDGE

HON. JON S. WHEELER, CLERK

TRISHA MEGGS PATE

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

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