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Donald v. State

District Court of Appeal of Florida, Fifth District.
Jun 22, 2012
114 So. 3d 989 (Fla. Dist. Ct. App. 2012)

Opinion

No. 5D11–1391.

2012-06-22

Jason Michael DONALD, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for St. Johns County, Wendy Berger, Judge. James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.


Appeal from the Circuit Court for St. Johns County, Wendy Berger, Judge.


James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

Prior report: 104 So.3d 1083. PER CURIAM.

Appellant raises two points on appeal. We affirm as to the first point without further discussion. As to the second point, we affirm based on Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). We certify that the same issue reviewed in this case is currently pending before the Florida Supreme Court in State v. Adkins, 71 So.3d 117 (Fla.2011). The mandate will be withheld pending final disposition of Adkins.

AFFIRMED; QUESTION CERTIFIED.

SAWAYA, TORPY and JACOBUS, JJ., concur.


Summaries of

Donald v. State

District Court of Appeal of Florida, Fifth District.
Jun 22, 2012
114 So. 3d 989 (Fla. Dist. Ct. App. 2012)
Case details for

Donald v. State

Case Details

Full title:Jason Michael DONALD, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Jun 22, 2012

Citations

114 So. 3d 989 (Fla. Dist. Ct. App. 2012)