Florida District Courts of Appeal, 2009

Bertke v. State

Bertke v. State
Florida District Courts of Appeal · Decided April 3, 2009 · Monaco, Palmer, Sawaya
8 So. 3d 442; 2009 Fla. App. LEXIS 2848; 2009 WL 873362 (Southern Reporter, Third Series)

Bertke v. State

Opinion of the Court

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

This case was remanded by the Florida Supreme Court to this court for reconsideration of our prior opinion, Bertke v. State, 949 So.2d 1118 (Fla. 5th DCA 2007), in light of the supreme court’s holding in Martinez v. State, 981 So.2d 449 (Fla.*4432008). Bertke v. State, 999 So.2d 1061 (Fla. 2009). Having reconsidered this case in light of Martinez and after a thorough review of the record herein, we affirm Richard Bertke’s conviction for aggravated battery with a firearm.

AFFIRMED.

PALMER, C.J., SAWAYA and MONACO, JJ., concur.

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