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209 So. 3d 687

Graves v. State

District Court of Appeal of Florida

Decided February 16, 2017

District Court of Appeal of Florida · decided 2017-02-16

Relies on 203 So. 3d 142 - Cortez Hatten v. State of Florida

Decided 2017-02-16

¶1OPINION UPON REMAND

PER CURIAM.

¶2By order issued December 15, 2016, in Graves v. State, SC16-1360, this court’s previous opinion was quashed and remanded for reconsideration, in light of Hatten v. State, 203 So.3d 142 (Fla. 2016).

¶3Upon reconsideration of this appeal, Appellant’s conviction, upon the jury’s guilty verdict, for attempted second-degree murder while in possession of a firearm is affirmed. However, the sentence of 42 years’ incarceration with a minimum term of 25 years, pursuant to section 775.087(2), Florida Statutes, is reversed and remanded for resentencing, in accordance with the opinion in Hatten.

ROWE, MAKAR, and BILBREY, JJ., CONCUR.
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