RICARDO RANANIER TAYLOR vs STATE OF FLORIDA

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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). AFFIRMED. WALLIS and TRAVER, JJ., and MUNYON, L., Associate Judge, concur. 2

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