Opinion
No. SC04-490.
March 3, 2005.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Second District — Case No. 2D00-1611 (Hillsborough County).
Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Robert J. Krauss, Bureau Chief Criminal Appeals, and Susan M. Shanahan, Assistant Attorney General, Tampa, FL, for Petitioner.
James Marion Moorman, Public Defender, and Celene Humphries, Special Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Respondent.
We initially accepted jurisdiction pursuant to article V, section 3(b)( 3), Florida Constitution, to review Matheson v. State, 870 So.2d 8 (Fla. 2d DCA 2003), based on express and direct conflict with Vetter v. State, 395 So.2d 1199 (Fla. 3d DCA 1981). Upon further consideration, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is hereby dismissed.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, and BELL, JJ., concur.
CANTERO, J., dissents.