Fason v. State

Full title: SAMUEL FASON, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Second District

Date published: Oct 20, 2021

No. 2D20-1444 (Fla. Dist. Ct. App. Oct. 20, 2021)

Opinion

2D20-1444

10-20-2021

SAMUEL FASON, Appellant, v. STATE OF FLORIDA, Appellee.

Jonathan Edwin Mills, Orlando, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Suzanne C. Bechard, Assistant Attorney General, Tampa, for Appellee.

KELLY, JUDGE.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; J. Kevin Abdoney, Judge.

Jonathan Edwin Mills, Orlando, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Suzanne C. Bechard, Assistant Attorney General, Tampa, for Appellee.

KELLY, JUDGE.

For the reasons expressed in Morgan v. State, 293 So.3d 1081 (Fla. 2d DCA), review granted, No. SC20-641, 2020 WL 3494396 (Fla. June 29, 2020), we affirm. As in Morgan, we certify conflict with the Fourth and Fifth District Courts of Appeal in Jones v. State, 279 So.3d 172 (Fla. 4th DCA 2019), and Magill v. State, 287 So.3d 1262 (Fla. 5th DCA 2019).

Affirmed; conflict certified.

Opinion subject to revision prior to official publication.

MORRIS, C.J., and SMITH, J., Concur.