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Burgess v. State

222 So. 3d 555, 2017 Fla. App. LEXIS 55, 2017 WL 34569
Procedural entryThis page is a short order in Burgess v. State. Read the opinion of the Court — 2016 Fla. App. LEXIS 13279 →
District Court of Appeal of Florida·Decided January 4, 2017·No. No. 4D15-1403·Published

Opinion

Per Curiam.

We reverse the order denying appellant’s motion for post-conviction relief and remand for resentencing pursuant to Atwell v. State, 197 So.3d 1040 (Fla. 2016). Appellant is entitled to be resentenced pursuant to the sentencing provisions enacted in chapter 2014-220, Laws of Florida. See Atwell, 197 So.3d at 1050; see also Michel v. State, No. 4D13-1123, 204 So.3d 101, 2016 WL 6626028, at *1 (Fla. 4th DCA Nov. 9, 2016) (certifying conflict with Stallings v. State, 198 So.3d 1081 (Fla. 5th DCA 2016), and Williams v. State, 198 So.3d 1084 (Fla. 5th DCA 2016)).

Reversed and remanded for resentenc-ing.

Warner, Gross and Damoorgian, JJ., concur.

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Burgess v. State, 222 So. 3d 555, 2017 Fla. App. LEXIS 55, 2017 WL 34569 (Fla. Ct. App. 2017).

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Related

Angelo Atwell v. State of Florida
197 So. 3d 1040 (Supreme Court of Florida, 2016)
Jackson Stallings v. State
198 So. 3d 1081 (District Court of Appeal of Florida, 2016)
Anthony Williams v. State
198 So. 3d 1084 (District Court of Appeal of Florida, 2016)
Michel v. State
204 So. 3d 101 (District Court of Appeal of Florida, 2016)