RICARDO RANANIER TAYLOR
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-12-31
No. 20-0500
Alva, J., Wallis, J., Traver, J., Munyon, L.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A defendant whose postconviction motion for relief is granted and who is ordered to a de novo resentencing hearing may not be resentenced as a violent career criminal.


Headnotes

[1] A defendant whose postconviction motion for relief is granted and who is ordered to a de novo resentencing hearing may not be resentenced as a violent career criminal.

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Facts & Procedural History

Ricardo Rananier Taylor appealed from a circuit court order in Seminole County that granted in part his motion for postconviction relief under Florida…

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Opinion of the Court
Traver

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

RICARDO RANANIER TAYLOR,

Appellant,

v. Case No. 5D20-500

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed December 31, 2020

3.850 Appeal from the Circuit Court for Seminole County, Marlene M. Alva, Judge.

Matthew R. McLain, of McLain Law, P.A., Longwood, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the order on appeal, which granted in part Appellant's motion for postconviction relief and ordered the original sentencing court to hold a de novo resentencing hearing. We note that at resentencing, Appellant may not be sentenced as a violent career criminal. Pope v. State, 884 So. 2d 328 (Fla. 2d DCA 2004); see State v. Collins, 985 So. 2d 985 (Fla. 2008); Dixon v. State, 41 So. 3d 990 (Fla. 4th DCA 2010).

2

AFFIRMED.

WALLIS and TRAVER, JJ., and MUNYON, L., Associate Judge, concur.


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