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

Florida District Court of Appeal2016-06-01No. No. 4D15-4713
197 So. 3d 1111

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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.

rehearing opinion

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.