MARK D. MILLS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 2004-07-08
No. SC01-1862
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
880 So. 2d 616 Florida Supreme Court (2004) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review Mills v. State, 791 So. 2d 591 (Fla. 1st DCA 2001), which expressly and directly conflicts with our decision in Harvey v. State, 848 So. 2d 1060 (Fla.2003). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We accept jurisdiction in this case, quash the decision of the First District Court of Appeal, and remand for reconsideration in light of our decisions in Harvey and Brannon v. State, 850 So. 2d 452 (Fla.2003).

It is so ordered.

PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.


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  • Hines v. State, 931 So. 2d 148 (Fla. 1st DCA 2006)
    …etitioner] will regain competency within the near future.” However, the trial court denied Petitioner’s motion to dismiss, relying on Byrd v. State, 834 So. 2d 872 (Fla. 1st DCA 2002) (Benton and Lewis, JJ., concur in result only), review dismissed, 880 So. 2d 616 (Fla.2004), rather than following the clear language of section 916.303(1). In Byrd, Judge Miner explained that Florida Rule of Criminal Procedure 3.213(a) “superseded” section 916.303(1). Id. at 873. Florida Rule of Criminal Procedure 3.213(a) sta…
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    …ition seeking review of a district court decision is styled, this Court does not have jurisdiction to review per curiam decisions rendered without opinion”). In fact, we have even applied Jenkins in the context of mandatory review. In Byrd v. State, 880 So. 2d 616, 617 (Fla.2004), we determined that we lacked jurisdiction over a case in which a concurring opinion declared a statute invalid, because Jenkins required that the language warranting jurisdiction be included in the majority opinion. Applying this s…
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