STATE OF FLORIDA, PETITIONER,
v.
MICHAEL M. NESBITT, RESPONDENT
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PER CURIAM.
We have for review Nesbitt v. State, 912 So. 2d 15 (Fla. 4th DCA 2005), in which the Fourth Distinct Court of Appeal cited with approval its decision in Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2008), reh’g granted in part, 884 So. 2d 950, 952 (Fla. 4th DCA 2004), quashed, 915 So. 2d 86 (Fla.2005), and certified conflict with the Second District Court of Appeal’s decision in McCall v. State, 862 So. 2d 807 (Fla. 2d DCA 2003), review denied, 920 So. 2d 627 (Fla.2005) (table), and approved by State v. Richardson, 915 So. 2d 86, 89 (Fla.2005). At the time that the Fourth District Court of Appeal issued its decision in Nesbitt, both Richardson and McCall were pending review in this Court. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The petition for review is granted. On the authority of our decision in State v. Richardson, 915 So. 2d 86 (Fla.2005), the decision under review is quashed, and this matter is remanded to the Fourth District Court of Appeal for reconsideration upon application of this Court’s decision in Richardson.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.
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Citator
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Nesbitt v. State, 946 So. 2d 609 (Fla. 4th DCA 2007)…Remand From The Florida Supreme Court PER CURIAM. The supreme court recently quashed our March BO, 2005 opinion in this case and remanded the case for reconsideration in light of State v. Richardson, 915 So. 2d 86 (Fla.2005). See State v. Nesbitt, 940 So. 2d 1099 (Fla.2006). Michael M. Nesbitt sought rule 3.850 relief challenging his habitual offender sentence, arguing that the predicate offense was not sequential and that it concerned a probationary term. Nesbitt referenced a prior offense associated with L…
Authorities Cited
- Erick Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003)
- McCALL v. State, 862 So. 2d 807 (Fla. 2d DCA 2003)
- State v. Erick Richardson, 915 So. 2d 86 (Fla. 2005)
- Osorio v. State, 920 So. 2d 627 (Fla. 2005)
- Nesbitt v. State, 912 So. 2d 15 (Fla. 4th DCA 2005)