MANN V. STATE

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003 ANDREW HENRY MANN, ** Appellant, ** vs. ** CASE NO. THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. Appellee. ** 3D03-194 97-24820 Opinion filed September 3, 2003. An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Erin K. Zack, Assistant Attorney General, for appellee. Before GODERICH, GREEN, and RAMIREZ, JJ. ON MOTION FOR CLARIFICATION PER CURIAM. Based on appellee State of Florida s motion for clarification and for withdrawal of mandate, we recall the mandate issued on May 21, 2003, withdraw the opinion rendered the same day and substitute the following in its stead. The sentence is reversed due to the trial court s failure to justify the sentence of life imprisonment as a violent career criminal. (Fla. 3d DCA 2003). See Smith v. State, 842 So. 2d 1047 The case is remanded to the trial court for re-sentencing by a different judge, pursuant to Wilson v. State, 845 So. 2d 142 (Fla. 2003) (the record must rebut any presumption of vindictiveness). Reversed and remanded. 2

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