Summary
remanding for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 of the Florida Statutes
Summary of this case from Landy v. StateOpinion
CASE NO.: SC14-1369
10-28-2016
IRA DEMETRIUS MCPHERSON Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 2D13-192 ; 94-CF-1450
Upon review of the responses to this Court's Order to Show Cause dated August 24, 2016, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Second District Court of Appeal's decision in this case is quashed, and this matter is remanded to the district court with instructions that the case be further remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. See Atwell v. State, 41 Fla. L. Weekly S244 (Fla. May 26, 2016).
No Motion for Rehearing will be entertained by the Court. LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur. A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court lc
Served: ELBA CARIDAD MARTIN-SCHOMAKER
IRA DEMETRIUS MCPHERSON
HON. MARY BETH KUENZEL, CLERK
HON. DEBRA KROCHTA BEHNKE, JUDGE CONSIGLIA TERENZIO
HON. PAT FRANK, CLERK