Reid v. State, 3D16-1051

283 So.3d 410 (Mem)

Gary REID, Appellant,

v.The STATE of Florida, Appellee.

No. 3D16-1051

District Court of Appeal of Florida, Third District.

Opinion filed October 23, 2019

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

Ashley Moody, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.

Before FERNANDEZ, LOGUE and SCALES, JJ.

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

On January 3, 2019, the Florida Supreme Court quashed this Court's May 31, 2017 opinion that had reversed the trial court's denial of appellant's Florida Rule of Criminal Procedure 3.850 motion, and remanded this case for reconsideration in light of the Florida Supreme Court's decision in Franklin v. State, 258 So. 3d 1239 (Fla. 2018). See State v. Reid, 44 Fla. L. Weekly S125, 2019 WL 102322 (Fla. Jan. 3, 2019) (appellate case number SC17-1377). On remand, this Court held the proceeding in abeyance so that appellant could file a petition for writ of certiorari with the United States Supreme Court. The United States Supreme Court denied appellant's petition. See Reid v. State, No. 18-9152, ––– U.S. ––––, 140 S.Ct. 76, 205 L.Ed.2d 61, 2019 WL 4921795 (U.S. Oct. 7, 2019).

After considering the parties' supplemental briefing, we now affirm the trial court's April 13, 2016 order denying appellant's postconviction motion. See Franklin v. State, 258 So. 3d 1239 (Fla. 2018) ; State v. Michel, 257 So. 3d 3 (Fla. 2018).

Affirmed.