Statev.Bradley

Third District Court of Appeal State of FloridaJun 5, 2019
No. 3D17-726 (Fla. Dist. Ct. App. Jun. 5, 2019)

No. 3D17-726

06-05-2019

The State of Florida, Appellant, v. Ray Bradley, Appellee.

Ashley Moody, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellant. Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant Public Defender, for appellee. Holland & Knight and Frances Guasch De La Guardia; Miriam Ramos, City Attorney, for City of Coral Gables, as amicus curiae.


Not final until disposition of timely filed motion for rehearing. Lower Tribunal No. 72-722882 An Appeal from the Circuit Court for Miami-Dade County, Miguel M. De La O, Judge. Ashley Moody, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellant. Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant Public Defender, for appellee. Holland & Knight and Frances Guasch De La Guardia; Miriam Ramos, City Attorney, for City of Coral Gables, as amicus curiae. Before EMAS, C.J., and SALTER and FERNANDEZ, JJ. PER CURIAM.

On Remand from the Supreme Court of Florida

Upon consideration of the opinion of the Supreme Court issued May 3, 2019, quashing this Court's opinion of May 30, 2018, in this case, the Court withdraws its opinion of May 30, 2018, and substitutes the following opinion in its place and stead.

State v. Bradley, No. SC18-922 (Fla. May 3, 2019).

State v. Bradley, 43 Fla. L. Weekly D1213 (Fla. 3d DCA May 30, 2018). --------

The circuit court order of March 17, 2017, granting defendant/appellee Ray Bradley's motion to vacate illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800, is hereby vacated. The case is remanded to the trial court for entry of an order denying Bradley's motion. State v. Michel, 257 So. 3d 3 (Fla. 2018); Franklin v. State, 258 So. 3d 1239 (Fla. 2018).

Reversed and remanded.