118 SO3D 284 - Polite v. State

¶1ON REMAND FROM THE SUPREME COURT OF FLORIDA

PER CURIAM.

¶2This case is before us on remand from the Florida Supreme Court which quashed our earlier decision reported at Polite v. State, 41 So.3d 935 (Fla. 5th DCA 2010).

¶3Based on Polite v. State, 116 So.3d 270 (Fla.2013), we reverse Polite’s convictions and sentences for burglary of a dwelling with an assault or battery, robbery with a firearm, aggravated assault with a firearm and possession of a firearm by a convicted felon,1 and remand for a new trial.

¶4REVERSED AND REMANDED WITH DIRECTIONS.

TORPY, C.J., LAWSON and EVANDER, JJ., concur.

¶5. §§ 810.02(2)(a), 775.087(1), 775.087(2); 812.13(2)(a), 775.087(2); 784.021; 775.087(2), Fla. Stat. (2008).