Opinion
CASE NO.: SC10-665
12-30-2014
WILLIE LUMSDON Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 3D07-2324; 04-16568
Upon review of the response to this Court's Order to Show Cause dated May 20, 2013, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Third District Court of Appeal's decision in this case is quashed, and this matter is remanded for reconsideration upon application of our decisions in State v. Montgomery, 39 So. 3d 252 (Fla. 2010), and Haygood v. State, 109 So. 3d 735 (Fla. 2013).
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:
CARLOS JESUS MARTINEZ
ANDREW MCBRIDE STANTON
HON. HARVEY RUVIN, CLERK
HON. MARY CAY BLANKS, CLERK
HON. ROSA I. RODRIGUEZ, JUDGE
RICHARD L. POLIN
MARTI ROTHENBERG