Lundy v. State

Full title: MARK A. LUNDY, Petitioner, v. STATE OF FLORIDA, Respondent

Court: Supreme Court of Florida

Date published: Jun 14, 2001

788 So. 2d 957 (Fla. 2001)

Opinion

No. SC00-2199.

Opinion filed June 14, 2001.

Application for Review of the Decision of the District Court of Appeal — Constitutional Construction Second District — Case No. 2D99-1862 (Polk County).

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, and Ronald Napolitano, Assistant Attorney General, Tampa, Florida, for Respondent.

LEWIS, J.

We have for review Lundy v. State, 771 So.2d 1180 (Fla. 2d DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

We vacate the decision of the district court and remand for reconsideration upon application of our decisions in Grant v. State, 770 So.2d 655 (Fla. 2000); State v. Cotton, 769 So.2d 345 (Fla. 2000);McKnight v. State, 769 So.2d 1039 (Fla. 2000); and Ellis v. State, 762 So.2d 912 (Fla. 2000).

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, and PARIENTE, JJ., concur.

QUINCE, J., dissents.