STATE OF FLORIDA, PETITIONER,
v.
BERNARD SLOSS, RESPONDENT
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The court granted the petition for review, quashed the decision under review, and remanded for reconsideration.
The Fifth District Court of Appeal certified a question of great public importance in Sloss v. State. Proceedings were stayed pending a decision in Ma…
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We have for review Sloss v. State, 965 So.2d 1204 (Fla. 5th DCA 2007), in which the Fifth District Court of Appeal certified a question of great public importance. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
We stayed proceedings in this case pending our disposition of Martinez v. *165 State, 981 So.2d 449 (Fla.2008). When our decision in Martinez became final, we issued an order directing respondent to show cause why we should not exercise jurisdiction, quash the Sloss decision, and remand for reconsideration in light of our decision in Martinez. Respondent has conceded that Martinez controls the outcome of the instant case, and petitioner agrees.
Accordingly, we grant the petition for review in the present case. The decision under review is quashed, and this matter is remanded to the Fifth District Court of Appeal for reconsideration upon application of this Court’s decision in Martinez.
It is so ordered.
QUINCE, C.J., WELLS, PARIENTE, CANADY, and POLSTON, JJ., and ANSTEAD, Senior Justice, concur.
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Citator
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Sloss v. State, 45 So. 3d 66 (Fla. 5th DCA 2010)…ppearance before this court. On Sloss’ direct appeal, this court held that the erroneous giving of the forcible felony exception instruction constituted fundamental error. Sloss v. State, 965 So. 2d 1204 (Fla. 5th DCA 2007), quashed, State v. Sloss, 1 So. 3d 164 (Fla.2009). Subsequently, in Martinez v. State, 981 So. 2d 449 (Fla.2008), the Florida Supreme Court held that although it was error to give such instruction where the defendant was not charged with a forcible felony independent of the crime for whi…1 / 2
Authorities Cited
- Martinez v. State, 981 So. 2d 449 (Fla. 2008)
- Sloss v. State, 965 So. 2d 1204 (Fla. 5th DCA 2007)