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Florida District Courts of Appeal, 2013

Polite v. State

Polite v. State
Florida District Courts of Appeal · Decided July 26, 2013 · Evander, Lawson, Torpy
118 So. 3d 284; 2013 WL 3834374; 2013 Fla. App. LEXIS 11725 (Southern Reporter, Third Series)

Polite v. State

Opinion of the Court

ON REMAND FROM THE SUPREME COURT OF FLORIDA

PER CURIAM.

This case is before us on remand from the Florida Supreme Court which quashed our earlier decision reported at Polite v. State, 41 So.3d 935 (Fla. 5th DCA 2010).

Based on Polite v. State, 116 So.3d 270 (Fla. 2013), we reverse Polite’s convictions and sentences for burglary of a dwelling with an assault or battery, robbery with a firearm, aggravated assault with a firearm and possession of a firearm by a convicted felon,1 and remand for a new trial.

REVERSED AND REMANDED WITH DIRECTIONS.

TORPY, C.J., LAWSON and EVANDER, JJ., concur.

. §§ 810.02(2)(a), 775.087(1), 775.087(2); 812.13(2)(a), 775.087(2); 784.021; 775.087(2), Fla. Stat. (2008).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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