Williams v. State

On Motion for Rehearing

COPE, J.

On consideration of the motion for rehearing and the memoranda filed by the State, the Public Defender, and the Florida Parole Commission, this court withdraws its previous opinion and substitutes the following opinion.

The question before us is whether Charles Williams is entitled to be resen-tenced for the offenses of aggravated assault and sale of cocaine on authority of Smith v. State, 537 So.2d 982 (Fla.1989). We conclude that the answer is yes.

In 1967, defendant-appellant Williams was found guilty of first-degree murder and was sentenced to life…