Opinion
SC19-1211
04-01-2022
Lower Tribunal No(s).: 5D17-2919; 482016CF010220000AOX
Having received no response from Respondent to this Court's Order to Show Cause dated January 18, 2022, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fifth District Court of Appeal's decision in this case is quashed, and this matter is remanded to the district court for reconsideration upon application of our decision in Davis v. State, 332 So.3d 970 (Fla. 2021).
No Motion for Rehearing will be entertained by the Court.
CANADY, C.J., and LAWSON, MUÑIZ, and COURIEL, JJ., concur.
POLSTON and LABARGA, JJ., dissent.
GROSSHANS, J., recused.
HON. LISA TAYLOR MUNYON, CHIEF JUDGE.