JASON A. YEGGE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court discharged jurisdiction because the case was moot and no longer presented a conflict between districts.
Petitioner sought review of a district court decision that certified conflict with another district's ruling. While the case was pending, the petition…
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Petitioner, Jason A. Yegge, sought review of the Second District Court of Appeal’s decision in Yegge v. State, No. 2D12-4193, — So.3d -, 40 Fla. L. Weekly D874, 2015 WL 1650293 (Fla. 2d DCA April 15, 2015), which certified conflict with the Fourth District Court of Appeal’s decision in Blacker v. State, 49 So.3d 785 (Fla. 4th DCA 2010). After Blacker, the Fourth District published its opinion in Goldwire v. State, 73 So.3d 844 (Fla. 4th DCA 2011), which is consistent with Yegge. We initially accepted jurisdiction based on the certified conflict with Blacker and received briefs on the merits. See art. V, § 3(b)(4), Fla. Const.
Subsequent to the completion of merits briefing, Yegge filed a “Notice of Mootness and Request to Review Under Great Public Importance and Capable of Repetition Yet Evading Review Exception,” explaining that Yegge was scheduled to be released from prison after completing his sentence and that the controversy is now moot as it applies to Yegge. Yegge, however, urges us to retain jurisdiction despite mootness as to him.
Upon further consideration, we have now determined that because there is no conflict between Yegge and Goldwire—a decision of the Fourth District subsequent to Blacker—and also because the case is moot, we exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is hereby dismissed.
It is so ordered.
NO MOTION FOR REHEARING WILL BE ALLOWED.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
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Citator
Cited By
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Eustache v. State, 199 So. 3d 484 (Fla. 4th DCA 2016)…ge v. State, 173 So. 3d 968 (Fla.2015). But the Court subsequently dismissed review, concluding that because Goldwire was published after Blacker and was consistent with the Second District's opinion .in Yegge, there was no conflict. Yegge v. State, 180 So. 3d 128 (Fla.2015). However, we think that Yegge also interpreted our statement in Goldwire out of context. . Our position is consistent with the Second District's Yegge opinion. We also agree with the Second District’s statement in Yegge that the impositi…
Authorities Cited
- Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010)
- Treymone Goldwire v. State, 73 So. 3d 844 (Fla. 4th DCA 2011)