Leon Bullard v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: April 5, 2018
• Docket: 14-2076
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D14-2076 _____________________________

LEON BULLARD,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. Kevin Blazs, Judge.

April 5, 2018

UPON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

Our prior opinion of July 14, 2015, was quashed by the Florida Supreme Court “for reconsideration in light of our decisions in Walton v. State, 208 So. 3d 60 (Fla. 2016), and Williams v. State, 186 So. 3d 989 (Fla. 2016).” Bullard v. State, 2017 WL 2302327 (Fla. May 26, 2017). Upon reconsideration, we reverse with direction to grant Appellant a new trial, as mandated by Roberts v. State, 2018 WL 1100825 (Fla. Mar. 1, 2018), and Walton.

We need not address Williams in light of our decision granting a new trial, but as requested by Appellant, we note our prior opinion held that Appellant could not be convicted of aggravated battery with a firearm, as we determined that the evidence could not support a finding of a second discharge of the firearm. Bullard v. State, 168 So. 3d 346 (Fla. 1st DCA 2015), rev. granted, 2017 WL 2302327 (Fla. May 26, 2017).

REVERSED and REMANDED for new trial.

B.L. THOMAS, C.J., and KELSEY and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, Barbara J. Busharis, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Sharon Traxler, Assistant Attorney General, Tallahassee, for Appellee.