STATE OF FLORIDA, PETITIONER,
v.
FRED O. BURKE, RESPONDENT
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PER CURIAM.
This Court initially accepted jurisdiction to review State v. Burke, 902 So. 2d 955 (Fla. 4th DCA 2005), review granted, 919 So. 2d 436 (Fla.2006) (table), in which the Fourth District Court of Appeal certified conflict with Hilton v. State, 901 So. 2d 155 (Fla. 2d DCA 2005) (en banc), quashed, 961 So. 2d 284 (Fla.2007). We then stayed proceedings in this case pending our disposition of Hilton, which was pending review in this Court. See Hilton v. State, 961 So. 2d 284 (Fla.2007) (quashing the Second District Court of Appeal’s decision in Hilton, with which the Fourth District had certified conflict in Burke). When our decision in Hilton became final, we issued an order directing petitioner to show cause why our Hilton decision is not controlling in this case, and thus why we should not discharge jurisdiction and dismiss review. Upon consideration of petitioner’s response and respondent’s reply thereto, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding.
It is so ordered.
LEWIS, C.J., and ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. WELLS, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tomesha Marie Howard v. State, 979 So. 2d 953 (Fla. 2008)…al expressly relied upon Hilton v. State, 901 So. 2d 155 (Fla. 2d DCA 2005) (en banc), quashed, 961 So. 2d 284 (Fla.2007), as authority, and certified conflict with State v. Burke, 902 So. 2d 955 (Fla. 4th DCA 2005), review dismissed, No. SC05-1173, 979 So. 2d 952, 2008 WL 877967 (Fla. Apr. 3, 2008). At the time the First District issued its decision in Howard, both Hilton and Burke were pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3)-(4), Fla. Const.; Jollie v. State, 405 So. 2d 418…
Authorities Cited
- Tristan Hilton v. State, 961 So. 2d 284 (Fla. 2007)
- Tristan Hilton v. State, 901 So. 2d 155 (Fla. 2d DCA 2005)
- State v. Burke, 902 So. 2d 955 (Fla. 4th DCA 2005)