Marlon F. Kelly v. State of Florida

District Court of Appeal of Florida

Marlon F. Kelly v. State of Florida

CourtDistrict Court of Appeal of Florida

DecidedJune 8, 2017

Docket16-5141

StatusPublished

This text of Marlon F. Kelly v. State of Florida (Marlon F. Kelly 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

Marlon F. Kelly v. State of Florida, (Fla. Ct. App. 2017).

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Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

MARLON F. KELLY, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D16-5141

STATE OF FLORIDA,

Respondent. ___________________________/

Opinion filed June 9, 2017.

Petition for Writ of Habeas Corpus -- Original Jurisdiction.

Andy Thomas, Public Defender, and M. J. Lord, Assistant Public Defender, Tallahassee, for Petitioner.

Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

The petition for writ of habeas corpus is granted. Petitioner’s sentence is hereby

vacated, and this matter is remanded for resentencing in accordance with Hatten v.

State, 203 So. 3d 142 (Fla. 2016).

PETITION GRANTED; REMANDED.

LEWIS, B.L. THOMAS, and ROWE, JJ., CONCUR.

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