James Patrick Bonifay v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D18-5323 _____________________________ JAMES PATRICK BONIFAY, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Escambia County. W. Joel Boles, Judge. January 4, 2021 ON MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION OF GREAT PUBLIC IMPORTANCE PER CURIAM. After careful consideration of Appellant’s motions, we withdraw our opinion dated May 26, 2020, and grant Appellant’s Motion for Rehearing. Accordingly, the cause is remanded to the trial court for resentencing in accordance with the Florida Supreme Court’s original mandate instructing this Court that “the case be further remanded for resentencing in conformance with sections 775.082, 921.1401, and 921.1402 of the Florida Statutes. See Atwell v. State, 197 So. 3d 1040 (Fla. 2016).” Bonifay v. State, 2016 WL 7212327 (Fla. Dec. 13, 2016). In light of our decision, we deny Appellant’s motions for rehearing en banc and for certification. REVERSED and REMANDED for resentencing. LEWIS, WINOKUR, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee. 2