STATE OF FLORIDA, PETITIONER,
v.
B.D.W., A CHILD, RESPONDENT

Fla. | 1998-04-09
No. 91834
KOGAN, C.J., and OVERTON, HARDING, WELLS, ANSTEAD and PARIENTE, JJ., concur.
717 So. 2d 460 Florida Supreme Court (1998) Positive Treatment
Cited by 2 cases
Opinion of the Court
SHAW, Justice.

SHAW, Justice.

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., 716 So. 2d 269 (Fla.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. ORDER

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.

Dissent
WELLS, Justice,

WELLS, Justice,

dissenting.

I dissent for the reasons stated in my opinion dissenting from the denial of rehearing in State v. T.M.B., 716 So. 2d 269 (Fla.1998) (order denying rehearing).

PARIENTE, J., concurs.

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  • A.H.D. v. State, 715 So. 2d 1145 (Fla. 5th DCA 1998)
    …dation. D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA), rev. granted, 717 So. 2d 530 (Fla.1998). In doing so, we certify conflict with the first district’s position in B.D.W. v. State, 701 So. 2d 629 (Fla. 1st DCA 1997), approved on other grounds, 717 So. 2d 460 (Fla.1998); R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA), approved on other grounds sub nom., State v. T.M.B., 716 So. 2d 269 (Fla.1998). AFFIRMED. DAUKSCH and HARRIS, JJ., concur.…
  • A.H.D. v. State, 728 So. 2d 743 (Fla. 1999)
    …PER CURIAM. We have for review A.H.D. v. State, 715 So. 2d 1145 (Fla. 5th DCA 1998), based on conflict with B.D.W. v. State, 701 So. 2d 629 (Fla. 1st DCA 1997), approved on other grounds, 717 So. 2d 460 (Fla.1998), and R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997), approved on other grounds sub nom., State v. T.M.B., 716 So. 2d 269 (Fla. 1998). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve A.H.D. The issue raised in the in…

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