Opinion
No. SC06-1800.
January 24, 2008.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Third District — Case No. 3D03-2956 (Dade County).
Bennett H. Brummer, Public Defender, Eleventh Judicial Circuit, Miami, FL, and Anthony C. Musto, Special Assistant Public Defender, Seventh Judicial Circuit, Hallandale Beach, FL, for Petitioner.
Bill McCollum, Attorney General, Tallahassee, FL, Richard L. Polin, Bureau Chief, and Linda S. Katz, Assistant Attorneys General, Miami, FL, for Respondent.
We initially accepted review of the decision in Luton v. State, 934 So.2d 7 (Fla. 3d DCA 2006), pursuant to article V, section 3(b)( 3) of the Florida Constitution. See Luton v. State, 944 So.2d 345 (Fla. 2006) (granting review). However, we have determined that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.