Tonelli v. State

District Court of Appeal of Florida

Tonelli v. State

733 So. 2d 1161, 1999 Fla. App. LEXIS 8703, 1999 WL 436557

CourtDistrict Court of Appeal of Florida

DecidedJune 30, 1999

DocketNo. 98-2975

StatusPublished

This text of 733 So. 2d 1161 (Tonelli v. State) 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.

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Tonelli v. State, 733 So. 2d 1161, 1999 Fla. App. LEXIS 8703, 1999 WL 436557 (Fla. Ct. App. 1999).

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Opinion

On Motion For Rehearing/Clarification

PER CURIAM.

We grant Fernando Luminati Tonelli’s Motion for Rehearing and vacate this court’s opinion dated May 5, 1999. Based on the recent Florida Supreme Court opinion, Wood v. State, 24 Fla. L. Weekly S240, — So.2d -, 1999 WL 334750 (Fla. May 27, 1999), we reverse the order denying Tonelli’s motion for post-conviction relief. In accordance with Wood and the modification to Florida Rule of Appellate Procedure 3.850 contained therein, Tonelli is entitled to reconsideration of his motion as he no longer must be in custody. We therefore remand for further proceedings consistent with Wood.

Reversed and remanded.

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On Motion For Rehearing/Clarification

PER CURIAM.

We grant Fernando Luminati Tonelli’s Motion for Rehearing and vacate this court’s opinion dated May 5, 1999. Based on the recent Florida Supreme Court opinion, Wood v. State, 24 Fla. L. Weekly S240, — So.2d -, 1999 WL 334750 (Fla. May 27, 1999), we reverse the order denying Tonelli’s motion for post-conviction relief. In accordance with Wood and the modification to Florida Rule of Appellate Procedure 3.850 contained therein, Tonelli is entitled to reconsideration of his motion as he no longer must be in custody. We therefore remand for further proceedings consistent with Wood.

Reversed and remanded.

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733 So. 2d 1161, 1999 Fla. App. LEXIS 8703, 1999 WL 436557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tonelli-v-state-fladistctapp-1999.

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