Jones v. State

Full title: Johnny Charles JONES, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fourth District.

Date published: Jun 1, 2016

197 So. 3d 1111 (Fla. Dist. Ct. App. 2016)

Opinion

No. 4D15–4713.

06-01-2016

Johnny Charles JONES, Appellant, v. STATE of Florida, Appellee.

Diamond R. Litty, Public Defender and Usha Maharajh, Assistant Public Defender, Stuart, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Diamond R. Litty, Public Defender and Usha Maharajh, Assistant Public Defender, Stuart, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

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.

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.