DAVON FRANCIS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
We have for review Francis v. State, 22 So.3d 788 (Fla. 3d DCA 2009), in which the Third District Court of Appeal cited as controlling authority the Second District Court of Appeal’s decision in Zeigler v. State, 18 So.3d 1239 (Fla. 2d DCA 2009). Zeigler was stayed pending this Court’s decision in State v. Montgomery, 39 So.3d 252 (Fla.2010), and we subsequently quashed and remanded Zeigler for reconsideration in light of Montgomery. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).
Based on the district court’s reliance on Zeigler in the present case, we accept jurisdiction and grant the petition for review. The decision under review is quashed, and this matter is remanded to the Third District Court of Appeal for reconsideration *238upon application of our decision in Montgomery.
It is so ordered.
CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, and PERRY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Francis v. State, 77 So. 3d 806 (Fla. 3d DCA 2011)…On Remand From the Supreme Court of Florida PER CURIAM. We reconsider on remand our opinion in Francis v. State, 22 So. 3d 788 (Fla. 3d DCA 2009), which was quashed by the Florida Supreme Court in Francis v. State, 75 So. 3d 237 (Fla.2011). We with held issuance of our mandate pending Supreme Court review. Therefore, pursuant to the Supreme Court mandate, this Court’s opinion of November 18, 2009, is hereby withdrawn and we substitute the following in its place. In 2007,…
Authorities Cited
- State v. Montgomery, 39 So. 3d 252 (Fla. 2010)
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Zeigler v. State, 18 So. 3d 1239 (Fla. 2d DCA 2009)
- Francis v. State, 22 So. 3d 788 (Fla. 3d DCA 2009)