Johnson v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RALPH A. JOHNSON, ) ) ) ) ) ) ) ) ) ) Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 2D99-3216 ) Opinion filed August 22, 2001. Appeal from the Circuit Court for Pinellas County; Richard A. Luce, Judge. James Marion Moorman, Public Defender, Bartow, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Anne S. Weiner, Assistant Attorney General, Tampa, for Appellee. THREADGILL, Acting Chief Judge. This case is on remand from the Florida Supreme Court. See Johnson v. State, 26 Fla. L. Weekly S402 (Fla. June 7, 2001). In accordance with the mandate, we remand this cause to the trial court for resentencing, if appropriate, in light of the Florida Supreme Court s decisions in Grant v. State, 770 So. 2d 655 (Fla. 2000); State v. Cotton, 769 So. 2d 345 (Fla. 2000); McKnight v. State, 769 So. 2d 1039 (Fla. 2000); and Ellis v. State, 762 So. 2d 912 (Fla. 2000). Reversed and remanded. ALTENBERND and GREEN, JJ., Concur. -2-

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