ALFONSO RAZZ v. STATE OF FLORIDA

CourtDistrict Court of Appeal of Florida
DecidedApril 17, 2019
Docket16-2400
StatusPublished

This text of ALFONSO RAZZ v. STATE OF FLORIDA (ALFONSO RAZZ v. STATE OF FLORIDA) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ALFONSO RAZZ v. STATE OF FLORIDA, (Fla. Ct. App. 2019).

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

ALFONSO RAZZ, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D16-2400

[April 17, 2019]

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.

* * *

No motions for rehearing will be entertained.

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Related

State of Florida v. Dazarian Cordell Lewars
259 So. 3d 793 (Supreme Court of Florida, 2018)
Taylor v. State
114 So. 3d 355 (District Court of Appeal of Florida, 2013)

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Bluebook (online)
ALFONSO RAZZ v. STATE OF FLORIDA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alfonso-razz-v-state-of-florida-fladistctapp-2019.