JOHNNIE LEE REMBERT 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 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
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.