ERIC ACOSTA, ETC., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court granted Acosta's petition for review, quashed the Fourth District's decision, and remanded for reconsideration in light of the Court's intervening decision in Yisrael v. State, which disapproved the Fourth District's reasoning on a sentencing-related issue.
The Florida Supreme Court granted the petition for review, quashed the Fourth District's decision, and remanded for the Fourth District to reconsider the case in light of the Court's decision in Yisrael, as the full appellate record was not before the Supreme Court and factual contentions required consideration by the district court.
[1] A court may quash a lower court's decision and remand for reconsideration in light of a subsequent controlling decision.
[2] A higher court may stay proceedings pending its disposition of a related case.
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Join FLexlaw to unlock all legal intelligence“We have jurisdiction.”
The Court's establishment of subject matter jurisdiction to hear the petition for review under the Florida Constitution.
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Join FLexlaw to unlock all legal intelligenceAcosta's case was decided by the Fourth District Court of Appeal based on the court's decision in Yisrael v. State. The Fourth District's decision in …
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We have for review Acosta v. State, 956 So.2d 1235 (Fla. 4th DCA 2007), a factually unelaborated decision 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 Acosta, Yisrael was 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 case 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 accept 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 reconsideration upon application of our decision in Yisrael.
It is so ordered.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, and POLSTON, JJ., concur.
LABARGA, J., recused.
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Citator
Cited By
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Acosta v. State, 10 So. 3d 1181 (Fla. 4th DCA 2009)…ence as a prison releasee reoffender. After the supreme court granted review based upon our reliance on Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006), disapproved in part, 993 So. 2d 952 (Fla.2008), it quashed our decision in Acosta v. State, 7 So. 3d 525 (Fla.2009), and remanded for reconsideration upon application of Yisrael. In Yisrael, the court disapproved of this Court’s holding in Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006), which was the case relied upon by this Court in holding tha…
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)
- Acosta v. State, 956 So. 2d 1235 (Fla. 4th DCA 2007)