ROBERT WAYNE MURRAY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court granted Murray'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 disapproved the Fourth District's prior reasoning on the relevant legal issue.
A decision by the Fourth District Court of Appeal that relied on reasoning disapproved by the Florida Supreme Court in Yisrael v. State must be quashed and remanded for reconsideration under the correct legal standard.
Murray's case was reviewed by the Fourth District Court of Appeal, which relied on its decision in Yisrael v. State. The Florida Supreme Court subsequ…
The full statement of facts, procedural history, and disposition for this case are member content.
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We have for review Murray v. State, 969 So.2d 1184 (Fla. 4th DCA 2007), in which the Fourth District Court of Appeal relied upon its decision in Yisrael v. State, 938 *533So.2d 546 (Fla. 4th DCA 2006) (en banc), disapproved in part, 993 So.2d 952 (Fla. 2008), and certified conflict with the First District Court of Appeal’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 exercise 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 our decision in Yis-rael.
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.
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Murray v. State, 14 So. 3d 303 (Fla. 4th DCA 2009)…PER CURIAM. Upon the Mandate of the Supreme Court, see Murray v. State, 7 So. 3d 532 (Fla.2009), we quash the sentence and remand the case to the trial court for reconsideration of the sentence in light of Yisrael v. State, 993 So. 2d 952 (Fla.2008). GROSS, C.J., WARNER and FARMER, JJ., concur.…
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)
- Murray v. State, 969 So. 2d 1184 (Fla. 4th DCA 2007)
- Burton v. State, 969 So. 2d 1184 (Fla. 4th DCA 2007)