CLARENCE DENNIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2009-05-20
No. 4D07-3945
WARNER and MAY, JJ., concur.
17 So. 3d 310 Florida District Court of Appeal, Fourth District (2009) Negative Treatment
Cited by 4 cases
Opinion of the Court
DAMOORGIAN, J.

ON MOTION FOR REHEARING AND/OR CERTIFICATION OF CONFLICT AND/OR MOTION FOR CLARIFICATION

DAMOORGIAN, J.

Clarence Dennis filed a Motion for Rehearing and/or Certification of Conflict and/or Motion for Clarification. We deny the motion for rehearing and/or clarification. We certify conflict with the decision of the First District Court of Appeal in Peterson v. State, 983 So.2d 27 (Fla. 1st DCA 2008).

WARNER and MAY, JJ., concur.

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  • Fortner v. State, 23 So. 3d 1275 (Fla. 2d DCA 2010)
    …trial court, at a hearing with Fortner present, may add special conditions of probation related to substance abuse, provided that the special conditions comply with the requirements of Biller v. State, 618 So. 2d 734 (Fla.1993). See Taylor v. State, 17 So. 3d 310, 312 (Fla. 5th DCA 2009). Petition denied in part, and granted in part. NORTHCUTT and SILBERMAN, JJ., Concur.…
  • Jackson v. State, 47 So. 3d 378 (Fla. 5th DCA 2010)
    …tes (2007). Therefore, we grant Jackson’s petition and remand to the lower court so that Jackson’s drug offender probation can be converted to regular probation with or without special conditions, as the court deems appropriate. See Taylor v. State, 17 So. 3d 310, 311 (Fla. 5th DCA 2009); State v. Roper, 915 So. 2d 622, 623-24 (Fla. 5th DCA 2005). PETITION GRANTED and CAUSE REMANDED. GRIFFIN, EVANDER, and JACOBUS JJ., concur.…
  • Cruz v. State, 54 So. 3d 1067 (Fla. 4th DCA 2011)
    …o. 2d at 29-30. We held defendant’s petition in abeyance pending the supreme court’s resolution of the issue, which was presented on review of Dennis v. State, 17 So. 3d 305 (Fla. 4th DCA 2009) (affirming conviction on direct appeal), reh’g denied, 17 So. 3d 310 (Fla. 4th DCA 2009) (certifying conflict). In Dennis, we stated, “We find no error in the trial court’s decision to deny the motion to dismiss. As we recognized in Velasquez v. State, 9 So. 3d 22 (Fla. 4th DCA 2009), a motion to dismiss based on sta…

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