Collins v. State

Supreme Court of Florida

Collins v. State

26 So. 3d 1287, 34 Fla. L. Weekly Supp. 658, 2009 Fla. LEXIS 2008, 2009 WL 4347553

CourtSupreme Court of Florida

DecidedDecember 3, 2009

DocketNo. SC09-1294

StatusPublished

Cited by1 cases

This text of 26 So. 3d 1287 (Collins 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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Collins v. State, 26 So. 3d 1287, 34 Fla. L. Weekly Supp. 658, 2009 Fla. LEXIS 2008, 2009 WL 4347553 (Fla. 2009).

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Opinion

PER CURIAM.

We have for review Collins v. State, 12 So.3d 227 (Fla. 2d DCA 2009) (table), in which the Second District Court of Appeal cited as authority its decision in Sheppard v. State, 988 So.2d 74 (Fla. 2d DCA 2008), quashed, 17 So.3d 275 (Fla.2009). At the time the Second District issued its Collins decision, Sheppard was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).

We stayed proceedings in this case pending our disposition of Sheppard v. State, 17 So.3d 275 (Fla.2009), in which we ultimately quashed the Second District’s underlying Sheppard decision. We then issued an order directing respondent in the present case to show cause why we should not accept jurisdiction, quash the Second District’s underlying Collins decision, and remand for reconsideration in light of our decision in Sheppard. Respondent in its response concedes that it can show no such cause.

We have accordingly determined to accept jurisdiction and grant the petition for review in the present case. The decision under review is quashed and this matter is remanded to the Second District for reconsideration upon application of this Court’s Sheppard decision.

It is so ordered.

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

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PER CURIAM.

We have for review Collins v. State, 12 So.3d 227 (Fla. 2d DCA 2009) (table), in which the Second District Court of Appeal cited as authority its decision in Sheppard v. State, 988 So.2d 74 (Fla. 2d DCA 2008), quashed, 17 So.3d 275 (Fla.2009). At the time the Second District issued its Collins decision, Sheppard was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).

We stayed proceedings in this case pending our disposition of Sheppard v. State, 17 So.3d 275 (Fla.2009), in which we ultimately quashed the Second District’s underlying Sheppard decision. We then issued an order directing respondent in the present case to show cause why we should not accept jurisdiction, quash the Second District’s underlying Collins decision, and remand for reconsideration in light of our decision in Sheppard. Respondent in its response concedes that it can show no such cause.

We have accordingly determined to accept jurisdiction and grant the petition for review in the present case. The decision under review is quashed and this matter is remanded to the Second District for reconsideration upon application of this Court’s Sheppard decision.

It is so ordered.

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

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26 So. 3d 1287, 34 Fla. L. Weekly Supp. 658, 2009 Fla. LEXIS 2008, 2009 WL 4347553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-state-fla-2009.

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