Bullard v. State , 238 So. 3d 1291 ( 2018 )


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  • Per Curiam.

    Our prior opinion of July 14, 2015, was quashed by the Florida Supreme Court "for reconsideration in light of our decisions in Walton v. State , 208 So.3d 60 (Fla. 2016), and Williams v. State , 186 So.3d 989 (Fla. 2016)." Bullard v. State , 2017 WL 2302327 (Fla. May 26, 2017). Upon reconsideration, we reverse with direction to grant Appellant a new trial, as mandated by Roberts v. State , --- So.3d ----, 2018 WL 1100825 (Fla. Mar. 1, 2018), and Walton.

    We need not address Williams in light of our decision granting a new trial, but as requested by Appellant, we note our prior opinion held that Appellant could not be convicted of aggravated battery with a firearm, as we determined that the evidence could not support a finding of a second discharge of the firearm. Bullard v. State , 168 So.3d 346 (Fla. 1st DCA 2015), rev. granted , 2017 WL 2302327 (Fla. May 26, 2017).

    REVERSED and REMANDED for new trial.

    B.L. Thomas, C.J., and Kelsey and Jay, JJ., concur.

Document Info

Docket Number: No. 1D14–2076

Citation Numbers: 238 So. 3d 1291

Filed Date: 4/5/2018

Precedential Status: Precedential

Modified Date: 10/18/2024