Darius Polite v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DARIUS JAMINE POLITE, Appellant, v. CASE NO. 5D08-3921 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 26, 2013. Appeal from the Circuit Court for Orange County, Lisa T. Munyon, Judge. William R. Ponall and Warren W. Lindsey, of Kirkconnell, Lindsey, Snure and Yates P.A., Winter Park, for Appellant. Pamela Jo Bondi, Attorney General Tallahassee, and Kristen L. Davenport Assistant Attorney General, Daytona Beach for Appellee. ON REMAND FROM THE SUPREME COURT OF FLORIDA PER CURIAM. This case is before us on remand from the Florida Supreme Court which quashed our earlier decision reported at Polite v. State, 41 So. 3d 935 (Fla. 5th DCA 2010). Based on Polite v. State, 38 Fla. L. Weekly S386 (Fla. June 6, 2013), we reverse Polite's convictions and sentences for burglary of a dwelling with an assault or battery, robbery with a firearm, aggravated assault with a firearm and possession of a firearm by a convicted felon,1 and remand for a new trial. REVERSED AND REMANDED WITH DIRECTIONS. TORPY, C.J., LAWSON and EVANDER, JJ., concur. 1 §§ 810.02(2)(a), 775.087(1), 775.087(2); 812.13(2)(a), 775.087(2); 784.021; 775.087(2), Fla. Stat. (2008). 2

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