State v. Bradley, 274 So. 3d 511 (2019)

June 5, 2019 · District Court of Appeal of Florida, Third District · No. 3D17-726

274 So. 3d 511

The STATE of Florida, Appellant,
v.
Ray BRADLEY, Appellee.

No. 3D17-726

District Court of Appeal of Florida, Third District.

Opinion filed June 5, 2019

Ashley Moody, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellant.

Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant Public Defender, for appellee.

Holland & Knight and Frances Guasch De La Guardia; Miriam Ramos, City Attorney, for City of Coral Gables, as amicus curiae.

Before EMAS, C.J., and SALTER and FERNANDEZ, JJ.

PER CURIAM.

On Remand from the Supreme Court of Florida

Upon consideration of the opinion of the Supreme Court issued May 3, 2019,¹ quashing this Court's opinion of May 30, 2018, in this case,² the Court withdraws its opinion of May 30, 2018, and substitutes the following opinion in its place and stead.

The circuit court order of March 17, 2017, granting defendant/appellee Ray Bradley's motion to vacate illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800, is hereby vacated. The case is remanded to the trial court for entry of an order denying Bradley's motion. State v. Michel, 257 So. 3d 3 (Fla. 2018) ; Franklin v. State, 258 So. 3d 1239 (Fla. 2018).

Reversed and remanded.

1 State v. Bradley, No. SC18-922, 2019 WL 1983473 (Fla. May 3, 2019).

2 State v. Bradley, 43 Fla. L. Weekly D1213, 2018 WL 2422873 (Fla. 3d DCA May 30, 2018).