Joseph Cotto v. State of Florida

183 So. 3d 1109, 2015 Fla. App. LEXIS 9966, 2015 WL 3999658

Opinion

PER CURIAM.

We previously issued an opinion in this cause in Cotto v. State, 141 So.3d 615 (Fla. 4th DCA 2014), but stayed our mandate pending resolution of these important issues by the Florida Supreme Court. These issues have now been resolved, and the State agrees that reversal is required.

We therefore reverse the trial court’s order denying appellant’s motion for post-conviction relief and remand this matter for further proceedings consistent with Falcon v. State, 162 So.3d 954 (Fla.2015), and Horsley v. State, 160 So.3d 393 (Fla.2015).

Reversed and remanded.

GROSS, DAMOORGIAN and GERBER, JJ., concur.