STATE OF FLORIDA, PETITIONER,
v.
CALVIN LEWIS OVERHOLT, JR., RESPONDENT; STATE OF FLORIDA, PETITIONER, V. ROBERT F. OLIVER, RESPONDENT

Fla. | 2014-06-05
Nos. SC13-962, SC13-1143
POLSTON, C.J., and PARIENTE, CANADY, and LABARGA, JJ., concur., LEWIS and QUINCE, JJ., dissent.
140 So. 3d 995 Florida Supreme Court (2014) Positive Treatment
Cited by 2 cases
Opinion of the Court
PERRY, J.

PERRY, J.

We initially accepted review of the decisions in Overholt v. State, 110 So.3d 530 (Fla. 4th DCA 2013), and Oliver v. State, 125 So.3d 244 (Fla. 4th DCA 2013), based on direct and express conflict. See art. V, § 3(b)(3), Fla. Const. In light of the State’s suggestion of mootness, we dismiss review of the decision in Overholt as moot. Additionally, upon further consideration, we conclude that jurisdiction was improvidently granted in Oliver. Accordingly, we *996discharge jurisdiction and dismiss this review proceeding.

It is so ordered.

POLSTON, C.J., and PARIENTE, CANADY, and LABARGA, JJ., concur.

LEWIS and QUINCE, JJ., dissent.

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  • Vance Jerome Farmer v. State, 180 So. 3d 1058 (Fla. 4th DCA 2015)
    …this manner violates the defendant’s right to a fair trial and may constitute reversible error if preserved for appeal. See McLaughlin v. State, 79 So. 3d 226 (Fla. 4th DCA 2012); Oliver v. State, 125 So. 3d 244 (Fla. 4th DCA 2013), rev. dismissed, 140 So. 3d 995 (Fla.2014); Overholt v. State, 110 So. 3d 530 (Fla. 4th DCA 2013), [*1060] rev. dismissed, 140 So. 3d 995 (Fla.2014); see also Coy v. Iowa, 487 U.S. 1012, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988); Hughes v. State, 819 So. 2d 815 (Fla. 1st DCA 2002). H…
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