Paul v. State

Supreme Court of Florida

Paul v. State

911 So. 2d 93, 30 Fla. L. Weekly Supp. 615, 2005 Fla. LEXIS 1692, 2005 WL 2095678

CourtSupreme Court of Florida

DecidedSeptember 1, 2005

DocketNo. SC03-456

StatusPublished

Cited by1 cases

This text of 911 So. 2d 93 (Paul 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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Paul v. State, 911 So. 2d 93, 30 Fla. L. Weekly Supp. 615, 2005 Fla. LEXIS 1692, 2005 WL 2095678 (Fla. 2005).

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Opinion

PER CURIAM.

We have for review the decision in Paul v. State, 838 So.2d 687 (Fla. 3d DCA 2003), which certified conflict with the decisions in Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000), and Mortimer v. State, 770 So.2d 743 (Fla. 4th DCA 2000). We accept jurisdiction, see art. V, § 3(b)(4), Fla. Const. Based upon our independent review, as well as the State’s concession of error, we summarily quash the decision of the Third District Court of Appeal and remand for reconsideration in light of our decision in Banks v. State, 887 So.2d 1191 (Fla.2004), to determine whether the defendant’s sentence could have been imposed under the 1994 sentencing guidelines.

It is so ordered.

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

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PER CURIAM.

We have for review the decision in Paul v. State, 838 So.2d 687 (Fla. 3d DCA 2003), which certified conflict with the decisions in Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000), and Mortimer v. State, 770 So.2d 743 (Fla. 4th DCA 2000). We accept jurisdiction, see art. V, § 3(b)(4), Fla. Const. Based upon our independent review, as well as the State’s concession of error, we summarily quash the decision of the Third District Court of Appeal and remand for reconsideration in light of our decision in Banks v. State, 887 So.2d 1191 (Fla.2004), to determine whether the defendant’s sentence could have been imposed under the 1994 sentencing guidelines.

It is so ordered.

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

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911 So. 2d 93, 30 Fla. L. Weekly Supp. 615, 2005 Fla. LEXIS 1692, 2005 WL 2095678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-v-state-fla-2005.

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