Dettle v. State

Full title: Matthew J. Dettle, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Mar 9, 2022

No. 1D20-2651 (Fla. Dist. Ct. App. Mar. 9, 2022)

Opinion

1D20-2651

03-09-2022

Matthew J. Dettle, Appellant, v. State of Florida, Appellee.

Matthew J. Dettle, pro se, Appellant. Ashley Moody, Attorney General, and Steven E. Woods, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Alachua County. Mark W. Moseley, Judge.

Matthew J. Dettle, pro se, Appellant.

Ashley Moody, Attorney General, and Steven E. Woods, Assistant Attorney General, Tallahassee, for Appellee.

On Motion for Rehearing, Rehearing En Banc, and Certification

Per Curiam.

We deny Appellant's motion for rehearing and rehearing en banc. But considering the nature and procedural history of the underlying legal issue and in light of the decisions in Richardson v. State, 301 So.3d 1014 (Fla. 2d DCA 2019) and Morejon-Medina v. State, 277 So.3d 1118 (Fla. 2d DCA 2019) we grant Appellant's motion to certify a question of great public importance to the Florida Supreme Court. We certify the following question, in accordance with rule 9.030(a)(2)(A)(v) of the Florida Rules of Appellate Procedure, as one of great public importance:

Does the holding in Lee v. State, 258 So.3d 1297 (Fla. 2018), provide retroactive relief in postconviction proceedings pursuant to Fla. R. Crim. P. 3.850?

Lewis, Makar, and Long, JJ., concur.