RUDOLPH VITTORIO, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court granted Vittorio's petition for review of a Fourth District Court of Appeal decision that had relied on reasoning subsequently disapproved by the Supreme Court in Yisrael v. State. The Court quashed the lower appellate decision and remanded for reconsideration in light of the Yisrael precedent.
The Court granted the petition for review, quashed the Fourth District's decision, and remanded for reconsideration in light of the Supreme Court's Yisrael decision, finding that the Fourth District is the more appropriate forum to address factual contentions regarding sentencing documents.
[1] A court may quash and remand a lower court's decision for reconsideration in light of a subsequent controlling appellate decision.
[2] Factual contentions not addressed within the four corners of a district court's opinion are more appropriately raised in the district court.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.”
Establishes the Supreme Court's procedural approach to addressing the Fourth District's reliance on disapproved reasoning.
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Join FLexlaw to unlock all legal intelligenceVittorio was subject to a sentencing decision reviewed by the Fourth District Court of Appeal, which relied on reasoning from Yisrael v. State. The Fo…
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We have for review Vittorio v. State, 967 So.2d 434 (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), and certified conflict with the First District’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 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 appellate record is not before the Court, and the Fourth District is a more *528appropriate 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, POLSTON, and LABARGA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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)
- Vittorio v. State, 967 So. 2d 434 (Fla. 4th DCA 2007)