Cerkella v. State

We treat the pending appeal as a motion to enforce mandate and grant the motion.

Olimpio Cerkella was convicted of attempted first degree murder and possession of a firearm in the commission of the attempted murder. His convictions were affirmed on appeal in Cerkella v. State, 588 So.2d 1058 (Fla. 3d DCA 1991).

After affirming on the appellate issue presented, this court said:

While this appeal was pending, the Florida supreme court decided Cleveland v. State, 587 So.2d 1145 (Fla.1991), which holds that when a felony conviction is enhanced because of the use of a firearm in committing the…