Florida District Courts of Appeal, 2016

Jones v. State

Jones v. State
Florida District Courts of Appeal · Decided June 1, 2016 · Conner, Damoorgian, Gross
197 So. 3d 1111; 2016 WL 3092693; 2016 Fla. App. LEXIS 8333 (Southern Reporter, Third Series)

Jones v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Atwell v. State, 128 So.3d 167, 169 (Fla. 4th DCA 2013), rev. granted 160 So.3d 892 (Fla. 2014); Davis v. State, 189 So.3d 264 (Fla. 4th DCA 2016).

GROSS, DAMOORGIAN and CONNER, JJ., concur.

070rehearing

ON MOTION FOR REHEARING

Per Curiam.

We grant the motion for rehearing. In the panel opinion, we affirmed citing Atwell v. State, 128 So.3d 167 (Fla. 4th DCA 2013). Between the time the panel signed off on the opinion and its June 1, 2016 release, the supreme court reversed this court’s decision in Atwell. See Atwell v. State, 197 So.3d 1040, 41 Fla. L. Weekly S244 (Fla. May 26, 2016). Pursuant to the supreme court’s decision, we reverse the sentence in this case and remand to the circuit court for resentencing.

GROSS, DAMOORGIAN and CONNER, JJ., concur.

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