Alexander M Albritton v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 14, 2021
Docket1D19-0209
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-0209
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ALEXANDER M ALBRITTON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Alachua County.
Phillip A. Pena, Judge.
January 14, 2021
ON MOTION FOR WRITTEN OPINION, REHEARING, REHEARING EN
BANC, AND CERTIFICATION OF QUESTION OF GREAT PUBLIC
IMPORTANCE
PER CURIAM.
The motion for rehearing is granted. The previous opinion
issued herein on May 20, 2020, is withdrawn and, in its stead, the
following is issued as the decision of the Court.
We reverse the trial court’s “Order Granting the State’s
Motion to Reinstate the Court’s Order Denying the Defendant’s
Fifth Motion for Postconviction Relief” and remand for a de novo
resentencing hearing. See State v. Jackson, 45 Fla. L. Weekly S299
(Fla. Nov. 25, 2020); State v. Okafor, 45 Fla. L. Weekly S309 (Fla.
Nov. 25, 2020). In light of our decision, we deny Appellant’s
motions for written opinion, rehearing en banc, and for
certification.
REVERSED and REMANDED for resentencing.
LEWIS, WINOKUR, and JAY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Justin Karpf, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Tabitha R. Herrera,
Assistant Attorney General, Tallahassee, for Appellee.
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