ALFRED WOODS
v.
STATE OF FLORIDA
ALFRED WOODS
STATE OF FLORIDA
45 Fla. L. Weekly D1670
Florida District Court of Appeal, First District (2020)
Positive Treatment
Opinion of the Court
PER CURIAM.
AFFIRMED. See generally Rembert v. State, Case No. 1D19-2499, 45 Fla. L. Weekly D1670, 2020 WL 3957867 (Fla. 1st DCA July 13, 2020) (affirming trial court’s denial of resentencing on remand notwithstanding earlier mandate based on Atwell v. State, 197 So. 3d 1040 (Fla. 2016), because Atwell had been overruled “by clear intervening precedent” in Franklin v. State, 258 So. 3d 1239 (Fla. 2018), before defendant was resentenced; approving “a trial court’s ability to disregard a mandate . . . when it is undoubtedly certain that the basis for that mandate has been subsequently overruled before” compliance).
KELSEY, JAY, and TANENBAUM, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Atwell v. State, 197 So. 3d 1040 (Fla. 2016)
- Franklin v. State, 258 So. 3d 1239 (Fla. 2018)
- Hankerson v. State, 897 So. 2d 555 (Fla. 5th DCA 2005)