DANNY WAITERS, JR. Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Upon review of the response to this Court's Order to Show Cause dated December 29, 2016, the Court has determined that it should accept jurisdiction in this case consistent with Kelsey v. State, 206 So. 3d 5 (Fla. 2016). The State, in its response, concedes that Kelsey mandates resentencing in conformance with chapter 2014-220, Laws of Florida, which has been codified in sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. It is therefore ordered that the Petition for Review is granted, that the Second District Court of Appeal's decision in this case is quashed, and that this matter is remanded to the district court for further proceedings consistent with Kelsey.
No Motion for Rehearing will be entertained by the Court.
A True Copy
John A. Tomasino Clerk, Supreme Court
JASON MICHAEL MILLER
CAROL J. YOUNG WILSON
CERESE CRAWFORD TAYLOR
HON. ANGELINA M. COLONNESO, CLERK
HON. MARY BETH KUENZEL, CLERK
HON. EDWARD NICHOLAS, JUDGE
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, and LAWSON, JJ., concur. CANADY and POLSTON, JJ., dissent.