CRAIG B. DANIELS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 2012-11-08
No. SC11-1646
POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.
103 So. 3d 133 Florida Supreme Court (2012) Caution
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We initially accepted review of the decision in Daniels v. State, 66 So.3d 328 (Fla. 1st DCA 2011), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. Upon further consideration, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding.

It is so ordered.

POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.


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  • McCRAY v. State, 104 So. 3d 1201 (Fla. 2d DCA 2012)
    …. Accordingly, the trial court erred when it dismissed the petition with prejudice. This case is distinguishable from Daniels v. State, 66 So. 3d 328 (Fla. 1st DCA 2011), review granted, 83 So. 3d 706 (Fla.2012), dismissed as improvidently granted, 103 So. 3d 133 (Fla.2012), which involved a defendant’s attempt to voluntarily dismiss his third amended postconviction motion. Daniels held that when a trial court has already issued an order giving the defendant an opportunity to amend a postconviction motion, i…

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