JOHNNY JAMES TURNER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court granted Turner's petition for review, quashed the Second District Court of Appeal's decision, and remanded for reconsideration in light of the Court's decision in Garcia v. State.
When a lower appellate court decision conflicts with controlling precedent established by the Florida Supreme Court, the case must be remanded for reconsideration in light of that controlling authority.
Turner sought review of a Second District Court of Appeal decision that had cited Garcia v. State, which was itself pending review in the Florida Supr…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
We have for review Turner v. State, 857 So. 2d 351 (Fla. 2d DCA 2003), in which the Second District Court of Appeal cited Garcia v. State, 854 So. 2d 758 (Fla. 2d DCA 2003), quashed, 901 So. 2d 788 (Fla.2005), and, as it had done in Garcia, certified conflict with the First District Court of Appeal’s decision in Goodman v. State, 839 So. 2d 902 (Fla. 1st DCA 2003), approved by Garcia v. State, 901 So. 2d 788 (Fla.2005). At the time the Second District Court of Appeal issued its decision in Turner, Garcia was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3)-(4), Fla. Const.; Jollie v. State, 405 So. 2d 418 (Fla.1981).
In Garcia v. State, 901 So. 2d 788 (Fla. 2005), this Court quashed the Second District’s decision in Garcia and approved Goodman. In response to an order of this Court dated January 27, 2006, the respondent, the State, has acknowledged that it “cannot show cause why this Court should not accept jurisdiction and remand for reconsideration in light of Garcia.” We accordingly grant the petition for review in the present case. The decision under review is quashed and this matter is remanded to the Second District Court of Appeal for reconsideration upon application of this Court’s decision in Garcia. In light of the current disposition of this case, Turner’s pro se motion for appointment of counsel is denied.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO and BELL, JJ., concur.
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Turner v. State, 943 So. 2d 1022 (Fla. 2d DCA 2006)…PER CURIAM. This case is before the court on remand from the Supreme Court of Florida, which vacated this court’s opinion and remanded for reconsideration. See Turner v. State, 940 So. 2d 1110 (Fla.2006). Johnny Turner appeals the summary denial of his motion for postconviction relief filed in 2003 pursuant to Florida Rule of [*1023] Criminal Procedure 8.850. For the reasons expressed below, we affirm. Turner was convicted after a jury…
Authorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Garcia v. State, 901 So. 2d 788 (Fla. 2005)
- Garcia v. State, 854 So. 2d 758 (Fla. 2d DCA 2003)
- Murray v. Hill, 839 So. 2d 902 (Fla. 1st DCA 2003)
- Goodman v. State, 839 So. 2d 902 (Fla. 1st DCA 2003)
- Turner v. State, 857 So. 2d 351 (Fla. 2d DCA 2003)