RICHARD ARTHUR BERTKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2009-04-03
No. 5D06-1347
PALMER, C.J., SAWAYA and MONACO, JJ., concur.
8 So. 3d 442 Florida District Court of Appeal, Fifth District (2009)

Opinion of the Court
PER CURIAM.

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

This case was remanded by the Florida Supreme Court to this court for reconsideration of our prior opinion, Bertke v. State, 949 So.2d 1118 (Fla. 5th DCA 2007), in light of the supreme court’s holding in Martinez v. State, 981 So.2d 449 (Fla.*4432008). Bertke v. State, 999 So.2d 1061 (Fla.2009). Having reconsidered this case in light of Martinez and after a thorough review of the record herein, we affirm Richard Bertke’s conviction for aggravated battery with a firearm.

AFFIRMED.

PALMER, C.J., SAWAYA and MONACO, JJ., concur.


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