VINTON ALRICK GRAHAM, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court granted Graham'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 had disapproved certain Fourth District reasoning regarding sentencing procedures.
The Florida Supreme Court held that the Fourth District's decision in Graham must be reconsidered in light of the Court's Yisrael decision. The Court determined that the Fourth District is the more appropriate forum to address the State's factual contentions regarding compliance with the Yisrael standards, as the full appellate record was not before the Supreme Court.
[1] A court may quash a lower appellate court's decision and remand for reconsideration in light of a subsequent supreme court ruling.
[2] A supreme court may exercise jurisdiction over a case pending before a district court of appeal when that case relies on a decision currently under review by the supreme…
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Join FLexlaw to unlock all legal intelligence“We stayed proceedings in this ease pending our disposition of Yisrael, in which we: (1) approved the decision of the First District in Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005), 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.”
Establishes the Supreme Court's action regarding Yisrael and its approval/disapproval of various court decisions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGraham's case was decided by the Fourth District Court of Appeal relying on the Yisrael decision. The Fourth District's reasoning in Yisrael was later…
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We have for review Graham v. State, 964 So.2d 758 (Fla. 4th DCA 2007), 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). When the Fourth District decided Graham, Yisrael was already pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418, 420 (Fla.1981).
We stayed proceedings in this ease pending our disposition of Yisrael, in which we: (1) approved the decision of the First District in Gray v. State, 910 So.2d 867 (Fla. 1st DCA 2005), 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 issued 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. In response, the State asserts that documents submitted during sentencing complied with this Court’s Yisrael decision. However, the full appellate record is not before the Court, and the Fourth District is a more appropriate forum in which to raise these factual contentions that were not addressed within the four corners of the district court’s opinion below.
Accordingly, we grant the petition for review, quash, and remand to the Fourth District Court of Appeal for reconsidera*525tion upon application of our decision in Yisrael.
It is so ordered.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- 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)
- Merriel Gamble Brown v. Fla. Dep't OF Health, 964 So. 2d 758 (Fla. 1st DCA 2007)