ANDRE FROST, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 2012-04-05
No. SC11-405
PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur., CANADY, C.J., and POLSTON, J., dissent.
94 So. 3d 481 Florida Supreme Court (2012) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review Frost v. State, 53 So.3d 1119 (Fla. 4th DCA 2011), a case that was stayed pending disposition of Harris v. State, 71 So.3d 756 (Fla.2011), cert, granted, — U.S. -, 132 S.Ct. 1796, 182 L.Ed.2d 615 (U.S. Mar. 26, 2012). We thereafter issued an order directing respondent to show cause why this Court should not accept jurisdiction in this case, summarily quash the decision being reviewed, and remand for reconsideration in light of our decision in Harris. Upon review of the response, we have determined to accept jurisdiction. Accordingly, we grant the petition for review in the present case. The decision under review is quashed and this matter is remanded to the Fourth District Court of Appeal for application of our decision in Harris.

It is so ordered.

PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur.

CANADY, C.J., and POLSTON, J., dissent.


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Cited By

  • Frost v. State, 92 So. 3d 323 (Fla. 4th DCA 2012)
    …PER CURIAM. We reconsider this case based on the mandate from the Supreme Court in Frost v. State, 94 So. 3d 481 (Fla.2012), to apply Harris v. State, 71 So. 3d 756 (Fla.2011), cert. granted, — U.S. -, 132 S.Ct. 1796, 182 L.Ed.2d 615 (2012). Based on Harris, we reverse the conviction and remand to the circuit court for further proceedings. The circuit court sh…

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