Opinion
CASE NO.: SC14-1482 CASE NO.: SC14-1626
04-28-2016
JERMAINE FRANKLIN DAVIS Petitioner(s) v. STATE OF FLORIDA Respondent(s) STATE OF FLORIDA Petitioner(s) v. JERMAINE FRANKLIN DAVIS Respondent(s)
Lower Tribunal No(s).: 1D13-570; 1D13-907; 012012CF000495AXXXXX
Upon review of the parties' jurisdictional briefs and the State's response to this Court's Order to Show Cause dated October 14, 2015, the Court has determined that it should accept jurisdiction based upon Davis' Petition for Review and deny jurisdiction based upon the State's Petition for Review. It is ordered that the State's Petition for Review is denied, that Davis' Petition for Review is granted, that the First District Court of Appeal's decision on review is quashed, and this matter is remanded for reconsideration in light of our decision in State v. Shelley, 176 So. 3d 914 (Fla. 2015).
Davis' motion to expedite is denied as moot.
No Motion for Rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2). LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur. A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court sh
Served: ALICIA VICTORIA WIGGINS
TRISHA MEGGS PATE
DONNA ANTOINETTE GERACE
HON. J. K. "BUDDY" IRBY, CLERK
HON. JON S. WHEELER, CLERK
HON. MARK W. MOSELEY, JUDGE