STATE OF FLORIDA, PETITIONER,
v.
ROBERT LEE SMILEY, JR., RESPONDENT

Fla. 4th DCA | 2006-06-01
No. 4D06-479
FARMER and KLEIN, JJ., concur.
944 So. 2d 1027 Florida District Court of Appeal, Fourth District (2006) Negative Treatment
Cited by 7 cases

Other
WARNER, J.

On Motion for Rehearing

WARNER, J.

We deny rehearing but grant respondent’s motion to certify the issue as one of great public importance.

DOES SECTION 776.013, FLORIDA STATUTES (2005), APPLY TO CASES PENDING AT THE TIME THE STATUTE BECAME EFFECTIVE?

FARMER and KLEIN, JJ., concur.


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  • Smiley v. State, 966 So. 2d 330 (Fla. 2007)
    …district court of appeal in which the following question was certified by the court to be of great public importance: DOES SECTION 776.013, FLORIDA STATUTES (2005), APPLY TO CASES PENDING AT THE TIME THE STATUTE BECAME EFFECTIVE? State v. Smiley, 944 So. 2d 1027, 1028 (Fla. 4th DCA 2006). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons that follow, we answer the certified question in the negative. FACTS AND PROCEDURAL HISTORY The instant action arises from the decision by the Four…
    1 / 2
  • Love v. State, 247 So. 3d 609 (Fla. 3d DCA 2018)
  • Nulutagua-Sanchez v. State, 954 So. 2d 740 (Fla. 4th DCA 2007)
    …123 (Fla.2006). However, we certify the same question of great public importance as we did on rehearing in Smiley: DOES SECTION 776.013, FLORIDA STATUTES (2005), APPLY TO CASES PENDING AT THE TIME THE STATUTE BECAME EFFECTIVE? State v. Smiley, 944 So. 2d 1027, 1028 (Fla. 4th DCA 2006). GUNTHER, STONE and FARMER, JJ., concur.…

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