          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                         No. 1D14-2076
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LEON BULLARD,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Duval County.
Kevin Blazs, Judge.

                          April 5, 2018


         UPON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

     Our prior opinion of July 14, 2015, was quashed by the
Florida Supreme Court “for reconsideration in light of our
decisions in Walton v. State, 208 So. 3d 60 (Fla. 2016), and
Williams v. State, 186 So. 3d 989 (Fla. 2016).” Bullard v. State,
2017 WL 2302327 (Fla. May 26, 2017). Upon reconsideration, we
reverse with direction to grant Appellant a new trial, as
mandated by Roberts v. State, 2018 WL 1100825 (Fla. Mar. 1,
2018), and Walton.

    We need not address Williams in light of our decision
granting a new trial, but as requested by Appellant, we note our
prior opinion held that Appellant could not be convicted of
aggravated battery with a firearm, as we determined that the
evidence could not support a finding of a second discharge of the
firearm. Bullard v. State, 168 So. 3d 346 (Fla. 1st DCA 2015),
rev. granted, 2017 WL 2302327 (Fla. May 26, 2017).

    REVERSED and REMANDED for new trial.

B.L. THOMAS, C.J., and KELSEY and JAY, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Andy Thomas, Public Defender, Barbara J. Busharis, Assistant
Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Sharon Traxler, Assistant
Attorney General, Tallahassee, for Appellee.




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