ANGEL RIVERA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court granted Rivera's petition for review, quashed the Fourth District's decision, and remanded for reconsideration in light of the Court's decision in Yisrael v. State, which disapproved the Fourth District's reasoning on the underlying legal issue.
A case decided by the Fourth District relying on reasoning disapproved in Yisrael v. State must be remanded for reconsideration under the correct legal standard established in Yisrael.
[1] When a lower court decision relies on legal reasoning that is subsequently disapproved by the Florida Supreme Court, the case must be remanded for reconsideration under t…
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Join FLexlaw to unlock all legal intelligenceRivera's case was decided by the Fourth District Court of Appeal relying on its decision in Yisrael v. State, which the Florida Supreme Court later di…
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We have for review Rivera v. State, 939 So.2d 1197 (Fla. 4th DCA 2006), in which the Fourth District Court of Appeal relied upon its decision in Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006) (en banc), disapproved in part, 993 So.2d 952 (Fla. 2008), and certified conflict with the First District Court of Appeal’s decision in Gray v. State, 910 So.2d 867 (Fla. 1st DCA 2005). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
We stayed proceedings in this case pending our disposition of Yisrael, in which we: (1) approved the decision of the First District in Gray, and (2) disapproved the reasoning and rule of law articulated by the Fourth District in its underlying decision, but ultimately approved the result reached by that court on other grounds. See Yisrael v. State, 993 So.2d 952, 960-61 (Fla.2008). We subsequently *524issued an order directing the State to show cause why we should not exercise jurisdiction, summarily quash the decision under review, and remand for reconsideration in light of our decision in Yisrael. The State agrees that this case should be remanded for review pursuant to this Court’s decision in Yisrael.
Accordingly, we grant the petition for review, quash, and remand to the Fourth District Court of Appeal for reconsideration upon application of our decision in Yisrael.
It is so ordered.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.
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Rivera v. State, 7 So. 3d 658 (Fla. 4th DCA 2009)…PER CURIAM. We reconsider on remand our opinion in Rivera v. State, 939 So. 2d 1197 (Fla. 4th DCA 2006), which was quashed by the Florida Supreme Court following its decision in Rivera v. State, 7 So. 3d 523, 2009 WL 702826 (Fla. Mar. 27, 2009). As ordered by the Supreme Court, we apply its decision in Yisrael v. State, 993 So. 2d 952 (Fla.2008), to the facts of this case. In Yisrael, the Supreme Court disapproved of this Court’s holding in Yisrael v.…
Authorities Cited
- Yisrael v. State, 993 So. 2d 952 (Fla. 2008)
- Mitchell v. State, 938 So. 2d 546 (Fla. 4th DCA 2006)
- Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005)
- Rivera v. State, 939 So. 2d 1197 (Fla. 4th DCA 2006)