STATE OF FLORIDA, PETITIONER,
v.
HENRY BLANTON, RESPONDENT
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The Florida Supreme Court accepted a certified question of great public importance regarding Henry Blanton's conviction. The Court quashed the Fifth District's decision and remanded for reconsideration in light of the Supreme Court's prior decision in Martinez v. State.
The Florida Supreme Court granted the petition for review, quashed the Fifth District's decision, and remanded the case for reconsideration in light of Martinez v. State.
“we have jurisdiction. See art. V, § 3(b)(4), Fla. Const.”
Establishes the Supreme Court's authority to review certified questions of great public importance
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Join FLexlaw to unlock all legal intelligenceHenry Blanton was convicted in a case that was reviewed by the Fifth District Court of Appeal, which certified a question of great public importance t…
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LEWIS, J.
We have for review Blanton v. State, 956 So. 2d 480 (Fla. 5th DCA 2007), in which the Fifth District Court of Appeal certified a question of great public importance. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We stayed proceedings in this case pending our disposition of Martinez v. State, 981 So. 2d 449 (Fla.2008). When our decision in Martinez became final, we issued an order directing the parties to show cause why we should not exercise jurisdiction, quash the Blanton decision, and remand for reconsideration in light of our decision in Martinez. Upon consideration of the responses to our order, we have determined to exercise jurisdiction.
We accordingly grant the petition for review in the present case. The decision under review is quashed, and this matter is remanded to the Fifth District Court of Appeal for reconsideration upon application of this Court’s decision in Martinez.
It is so ordered.
QUINCE, C.J., WELLS, PARIENTE, CANADY, and POLSTON, JJ., and ANSTEAD, Senior Justice, concur.
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Blanton v. State, 8 So. 3d 424 (Fla. 5th DCA 2009)…ted battery with a firearm offense or the firearm possession offense, but not both. REVERSED and REMANDED with INSTRUCTIONS. PALMER, C.J., SAWAYA and MONACO, JJ., concur. . Blanton v. State, 956 So. 2d 480 (Fla. 5th DCA 2007), decision quashed by 999 So. 2d 1061 (Fla.2009).…
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Bertke v. State, 8 So. 3d 442 (Fla. 5th DCA 2009)…the Florida Supreme Court to this court for reconsideration of our prior opinion, Bertke v. State, 949 So. 2d 1118 (Fla. 5th DCA 2007), in light of the supreme court’s holding in Martinez v. State, 981 So. 2d 449 (Fla. [*443] 2008). Bertke v. State, 999 So. 2d 1061 (Fla.2009). Having reconsidered this case in light of Martinez and after a thorough review of the record herein, we affirm Richard Bertke’s conviction for aggravated battery with a firearm. AFFIRMED. PALMER, C.J., SAWAYA and MONACO, JJ., concur.…
Authorities Cited
- Martinez v. State, 981 So. 2d 449 (Fla. 2008)
- Blanton v. State, 956 So. 2d 480 (Fla. 5th DCA 2007)