Opinion
CASE NO.: SC11-2354
09-08-2014
DERRICK JAMES HAYWOOD Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 5D09-4217; 08-CF-15984
Upon review of the responses to this Court's Order to Show Cause dated May 12, 2014, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fifth District Court of Appeal's decision in this case is quashed, and this matter is remanded for reconsideration upon application of our decision in Williams v. State, 121 So. 3d 524 (Fla. 2013), and Blackmon v. State, 121 So. 3d 535 (Fla. 2013).
No Motion for Rehearing will be entertained by the Court. LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, and PERRY, JJ., concur.
CANADY, J., dissents.
A True Copy
Test:
/s/__________
John A. Tomasino
Clerk, Supreme Court
sh
Served:
KRISTEN LYNN DAVENPORT
HON. LYDIA GARDNER, CLERK
HON. PAMELA R. MASTERS, CLERK
HON. FREDERIC RAND WALLIS, JUDGE
DEE R. BALL
JAMES R. WULCHAK
GEORGE D. E. BURDEN
WESLEY HAROLD HEIDT