Blanton v. State

In view of the decision by the Florida Supreme Court in Martinez v. State, 981 So.2d 449 (Fla.2008), we have vacated and withdrawn our prior mandate issued in this cause, and have reconsidered the merits. In light of Martinez, we now conclude that the giving of the forcible felony instruction was not fundamental error under the facts of this case, and as it was unob- jeeted to in the present case, we find no error in that regard.

Our ruling on the double jeopardy violation described in the original opinion of this court 1 will still require a reversal of the sentence and a remand for a new…