ALEXANDER PERKINS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Florida Supreme Court granted review, quashed the Fourth District's decision in Perkins, 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 decision by the Fourth District Court of Appeal that relied on reasoning later disapproved by the Florida Supreme Court in Yisrael v. State must be quashed and remanded for reconsideration under the correct legal standard.
[1] When a lower court decision relies on legal reasoning subsequently disapproved by the supreme court, the decision must be quashed and remanded for reconsideration under t…
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Join FLexlaw to unlock all legal intelligencePerkins was decided by the Fourth District Court of Appeal and relied upon the Fourth District's decision in Yisrael v. State. When Perkins became fin…
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We have for review Perkins v. State, 939 So.2d 1113 (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). When the Fourth District’s decision in Perkins became final, 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. 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, and POLSTON, JJ., concur.
LABARGA, J., recused.
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Citator
Cited By
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Perkins v. State, 17 So. 3d 1289 (Fla. 4th DCA 2009)…PER CURIAM. We vacate our orders of May 27, 2009 and August 28, 2009, and reconsider on remand our opinion in Perkins v. State, 939 So. 2d 1113 (Fla. 4th DCA 2006), which the Florida Supreme Court reviewed in Perkins v. State, 7 So. 3d 529 (Fla.2009). Perkins argued to this court that the trial court erred in sentencing by considering an affidavit from the Department of Corrections (“DOC”) reflecting his prior release date from prison. 939 So. 2d at 1113. The State offered the letter…
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)
- Perkins v. State, 939 So. 2d 1113 (Fla. 4th DCA 2006)