Opinion
No. 4D16-2400
04-17-2019
ALFONSO RAZZ, Appellant, v. STATE OF FLORIDA, Appellee.
Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant. Ashley B. Moody, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Senior Assistant Attorney General, West Palm Beach, for appellee.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Glenn D. Kelley, Judge; L.T. Case No. 50-2014-CF-000570-AXXX-MB. Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant. Ashley B. Moody, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Senior Assistant Attorney General, West Palm Beach, for appellee.
ON REMAND FROM THE FLORIDA SUPREME COURT
PER CURIAM.
This case is before us on remand from the Florida Supreme Court of Florida for reconsideration following its decision in State v. Lewars, 259 So. 3d 793 (Fla. 2018). In Lewars, the supreme court disapproved of our decision in Taylor v. State, 114 So. 3d 355 (Fla. 4th DCA 2013), which we relied on in our prior opinion in this case. Because appellant was released from county jail in the three-year period preceding the qualifying offenses, he was not a prison releasee reoffender and resentencing is required pursuant to Lewars. See 259 So. 3d at 802.
Reversed and remanded. GERBER, C.J., MAY and LEVINE, JJ., concur.
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No motions for rehearing will be entertained.