Ward v. State

ON REMAND FROM THE SUPREME COURT OF FLORIDA

SHEPHERD, J.

We consider on remand our opinion in Ward v. State, 965 So.2d 308 (Fla. 3d DCA 2007), which the Florida Supreme Court quashed following its decision in Ward v. State, 7 So.3d 520 (Fla.2009). As ordered by the supreme court, we apply its decision in Yisrael v. State, 993 So.2d 952 (Fla.2008) (Yisrael II), to the facts of this case.

In Yisrael II, the supreme court disapproved of the holding in Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006), that a Department of Correction’s letter alone was sufficient evidence to sentence Yisrael as a…