Alexander M Albritton v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 6, 2020
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.
February 6, 2020
PER CURIAM.
The order on appeal, entitled “Order Granting the State’s
Motion to Reinstate the Court’s Order Denying the Defendant’s
Fifth Motion for Postconviction Relief,” rendered January 14,
2019, is hereby quashed. See Simmons v. State, 274 So. 3d 468 (Fla.
1st DCA 2019), reh’g denied (June 14, 2019). The trial court is
directed to reinstate its October 24, 2017, “Order on Remand
Directing a Resentencing; and, Appointing the Office of the Public
Defender.” The trial court should then resentence Appellant.
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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Andy Thomas, 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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