Opinion
No. 91834.
April 9, 1998. Rehearing and Clarification Denied August 27, 1998.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance First District — Case No. 97-1801 (Duval County).
Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Kristina White, Assistant Attorney General, Tallahassee, Florida, for Petitioner
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Chief, Appellate Intake Division, Second Judicial Circuit, Tallahassee, Florida, for Respondent.
We have for review B.D.W. v. State, 701 So.2d 629 (Fla. 1st DCA 1997), wherein the district court certified the same question before this court in State v. T.M.B., No. 90,432 (Fla. Apr. 2, 1998):
DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP. 1996), APPLY IN JUVENILE DELINQUENCY PROCEEDINGS?
We have jurisdiction. Art. V., § 3(b)(4), Fla. Const. We answered this question in the negative in T.M.B. We approve B.D.W.
It is so ordered.
KOGAN, C.J., and OVERTON, HARDING, WELLS, ANSTEAD and PARIENTE, JJ., concur.
The Petitioner's Motion for Rehearing and/or Clarification is hereby denied.
HARDING, C.J., and OVERTON, SHAW, KOGAN and ANSTEAD, JJ., concur.
WELLS, J., dissents with an opinion, in which PARIENTE, J., concurs.
I dissent for the reasons stated in my opinion dissenting from the denial of rehearing in State v. T.M.B., No. 90,432 (Fla. Aug. 27, 1998) (order denying rehearing).
PARIENTE, J., concurs.