RIDGE GABRIEL vs STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT RIDGE GABRIEL, Appellant, v. Case No. 5D18-3264 STATE OF FLORIDA, Appellee. / Opinion filed May 21, 2021 Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge. Matthew J. Metz, Public Defender, and Kevin R. Holtz and Scott G. Hubbard, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. ON REMAND FROM FLORIDA SUPREME COURT PER CURIAM. The Florida Supreme Court quashed our decision affirming in part and reversing in part Ridge Gabriel’s sentence. State v. Gabriel, 46 Fla. L. Weekly S62 (Fla. Apr. 8, 2021), quashing Gabriel v. State, 44 Fla. L. Weekly D2913 (Fla. 5th DCA Dec. 6, 2019). Answering our certified question, the Florida Supreme Court held that “under section 921.0024(2), [Florida Statutes (2012),] the [lowest-permissible sentence] is an individual minimum sentence where there are multiple convictions subject to sentencing on a single scoresheet.” Id. at S65. Accordingly, we withdraw our decision reversing Gabriel’s sentence in part, and affirm in full the trial court’s ruling. AFFIRMED. EVANDER, C.J., HARRIS and TRAVER,1 JJ., concur. 1 Judge Traver has been substituted for Judge Jacobus, who was on the original panel. 2

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