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Washington v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Mar 16, 2012
84 So. 3d 377 (Fla. Dist. Ct. App. 2012)

Opinion

No. 5D10–3508.

03-16-2012

Jerry Leon WASHINGTON, Appellant, v. STATE of Florida, Appellee.

Jerry L. Washington, Lake Butler, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Megan Saillant, Assistant Attorney General, Daytona Beach, for Appellee.


Jerry L. Washington, Lake Butler, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Megan Saillant, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant Jerry L. Washington's motion for rehearing, withdraw our earlier per curiam affirmance, and substitute the following in its place.

We affirm and write only to address one issue. As to the Shelton issue, we affirm based on Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). We certify that the same issue reviewed in this case is currently pending before the Florida Supreme Court in State v. Adkins, 71 So.3d 117 (Fla.2011). The mandate will be withheld pending final disposition of Adkins.

AFFIRMED.

ORFINGER, C.J., GRIFFIN and MONACO, JJ., concur.

Shelton v. Sec'y, Dep't of Corrs., 802 F.Supp.2d 1289 (M.D.Fla.2011).


Summaries of

Washington v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Mar 16, 2012
84 So. 3d 377 (Fla. Dist. Ct. App. 2012)
Case details for

Washington v. State

Case Details

Full title:JERRY LEON WASHINGTON, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Mar 16, 2012

Citations

84 So. 3d 377 (Fla. Dist. Ct. App. 2012)