JAMES CLIFFORD JERRY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court accepted review of a Fourth District Court of Appeal decision that relied on reasoning subsequently disapproved in Yisrael v. State. The Court quashed the Fourth District's decision and remanded for reconsideration in light of the Court's Yisrael decision, which had clarified the applicable law regarding sentencing documents.
The Court granted the petition for review, quashed the Fourth District's decision, and remanded for reconsideration in light of the Yisrael decision. The Court found that the full appellate record was not before it and that the Fourth District was the more appropriate forum to address the factual contentions regarding whether the sentencing documents complied with Yisrael.
[1] A court may quash a lower appellate court's decision and remand for reconsideration in light of a subsequent controlling decision.
[2] Factual contentions not addressed within the four corners of a district court's opinion are more appropriately raised in the district court.
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Join FLexlaw to unlock all legal intelligence“disapproved in part, 993 So. 2d 952 (Fla.2008)”
Establishes that the Fourth District's reasoning in Yisrael was disapproved by the Supreme Court, necessitating reconsideration of Jerry's case which relied on that reasoning
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Join FLexlaw to unlock all legal intelligenceJerry was sentenced, and documents were submitted during the sentencing proceeding. The Fourth District relied on its decision in Yisrael when address…
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We have for review Jerry v. State, 943 So.2d 941 (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’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, which is contested by the petitioner. 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, 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)
- Jerry v. State, 943 So. 2d 941 (Fla. 4th DCA 2006)
- Fredric Brown v. State, 943 So. 2d 941 (Fla. 4th DCA 2006)