Byrd v. State

Supreme Court of Florida

Byrd v. State

944 So. 2d 202, 31 Fla. L. Weekly Supp. 689, 2006 Fla. LEXIS 2424, 2006 WL 2971709

CourtSupreme Court of Florida

DecidedOctober 19, 2006

DocketNo. SC05-327

StatusPublished

This text of 944 So. 2d 202 (Byrd v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Byrd v. State, 944 So. 2d 202, 31 Fla. L. Weekly Supp. 689, 2006 Fla. LEXIS 2424, 2006 WL 2971709 (Fla. 2006).

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Opinion

PER CURIAM.

We have for review Byrd v. State, 893 So.2d 620 (Fla. 2d DCA 2005), in which the Second District Court of Appeal cited Garcia v. State, 854 So.2d 758 (Fla.2d DCA 2003), quashed, 901 So.2d 788 (Fla.2005), and, as it had done in Garcia, certified conflict with the First District Court of Appeal’s decision in Goodman v. State, 839 So.2d 902 (Fla. 1st DCA 2003), approved by Garcia v. State, 901 So.2d 788 (Fla. 2005). At the time the Second District Court of Appeal issued its decision in Byrd, Garcia was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3)-(4), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).

In Garcia v. State, 901 So.2d 788 (Fla.2005), this Court quashed Garcia and ap[203]*203proved Goodman. In response to an order of this Court dated January 27, 2006, the respondent/State has acknowledged that it “cannot show cause why this Court should not accept jurisdiction and remand for reconsideration in light of Garcia.” We accordingly grant the petition for review in the present case. The decision under review is quashed and this matter is remanded to the Second District Court of Appeal for reconsideration upon application of this Court’s decision in Garcia.

It is so ordered.

LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.

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PER CURIAM.

We have for review Byrd v. State, 893 So.2d 620 (Fla. 2d DCA 2005), in which the Second District Court of Appeal cited Garcia v. State, 854 So.2d 758 (Fla.2d DCA 2003), quashed, 901 So.2d 788 (Fla.2005), and, as it had done in Garcia, certified conflict with the First District Court of Appeal’s decision in Goodman v. State, 839 So.2d 902 (Fla. 1st DCA 2003), approved by Garcia v. State, 901 So.2d 788 (Fla. 2005). At the time the Second District Court of Appeal issued its decision in Byrd, Garcia was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3)-(4), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).

In Garcia v. State, 901 So.2d 788 (Fla.2005), this Court quashed Garcia and ap[203]*203proved Goodman. In response to an order of this Court dated January 27, 2006, the respondent/State has acknowledged that it “cannot show cause why this Court should not accept jurisdiction and remand for reconsideration in light of Garcia.” We accordingly grant the petition for review in the present case. The decision under review is quashed and this matter is remanded to the Second District Court of Appeal for reconsideration upon application of this Court’s decision in Garcia.

It is so ordered.

LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.

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944 So. 2d 202, 31 Fla. L. Weekly Supp. 689, 2006 Fla. LEXIS 2424, 2006 WL 2971709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byrd-v-state-fla-2006.

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