Summary
declining to find conflict with T.E.J. v. State, 749 So.2d 557 (Fla. 2d DCA 2000); Stanton v. State, 746 So.2d 1229 (Fla. 3d DCA 1999); and Brown v. State, 652 So.2d 877 (Fla. 5th DCA 1995)
Summary of this case from Williams v. StateOpinion
No. SC00-1688
Opinion filed September 26, 2001.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict First District — Case No. 1D99-2302 (Escambia County)
Steven A. Been, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Petitioner.
Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Karen M. Holland, Assistant Attorney General, Tallahassee, Florida, for Respondent.
James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Florida Association of Criminal Defense Lawyers, Amicus Curiae.
We initially accepted review of Sanders v. State, 765 So.2d 778 (Fla. 1st DCA 2000), based on certified conflict with T.E.J. v. State, 749 So.2d 557 (Fla. 2d DCA 2000); Stanton v. State, 746 So.2d 1229 (Fla. 3d DCA 1999); and Brown v. State, 652 So.2d 877 (Fla. 5th DCA 1995). Upon further consideration, however, we find that jurisdiction was improvidently granted in this case. Accordingly, we hereby dismiss review of this cause.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, PARIENTE, LEWIS, and QUINCE, JJ., concur.
ANSTEAD, J., dissents.