State v. Smith

District Court of Appeal of Florida

State v. Smith

802 So. 2d 1219, 2002 Fla. App. LEXIS 83, 2002 WL 22137

CourtDistrict Court of Appeal of Florida

DecidedJanuary 9, 2002

DocketNo. 2D00-3002

StatusPublished

This text of 802 So. 2d 1219 (State v. Smith) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Smith, 802 So. 2d 1219, 2002 Fla. App. LEXIS 83, 2002 WL 22137 (Fla. Ct. App. 2002).

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Opinion

ON RECONSIDERATION

NORTHCUTT, Judge.

We previously affirmed the dismissal of a felony battery charge against Charles H. Smith, Jr., relying on the First District’s decision in State v. Warren, 755 So.2d 145 (Fla. 1st DCA), review granted, 767 So.2d 461 (Fla.2000), which involved materially identical facts. At that time, Warren was under review by the Florida Supreme Court based on the First District’s certification that its decision presented a question of great public importance. We certified the same question, and the State petitioned the Supreme Court to review our decision as well. Thereafter, the Supreme Court quashed Warren. State v. Warren, 796 So.2d 489 (Fla.2001). It has remanded this matter for our reconsideration in light of its decision in Warren.

Accordingly, we withdraw our June 8, 2001 opinion in this case, reverse the order dismissing the felony battery charge, and remand for further proceedings.

WHATLEY,¹ J., and DANAHY, PAUL W., SENIOR Judge, Concur.

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ON RECONSIDERATION

NORTHCUTT, Judge.

We previously affirmed the dismissal of a felony battery charge against Charles H. Smith, Jr., relying on the First District’s decision in State v. Warren, 755 So.2d 145 (Fla. 1st DCA), review granted, 767 So.2d 461 (Fla.2000), which involved materially identical facts. At that time, Warren was under review by the Florida Supreme Court based on the First District’s certification that its decision presented a question of great public importance. We certified the same question, and the State petitioned the Supreme Court to review our decision as well. Thereafter, the Supreme Court quashed Warren. State v. Warren, 796 So.2d 489 (Fla.2001). It has remanded this matter for our reconsideration in light of its decision in Warren.

Accordingly, we withdraw our June 8, 2001 opinion in this case, reverse the order dismissing the felony battery charge, and remand for further proceedings.

WHATLEY,¹ J., and DANAHY, PAUL W., SENIOR Judge, Concur.

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Bluebook (online)

802 So. 2d 1219, 2002 Fla. App. LEXIS 83, 2002 WL 22137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-fladistctapp-2002.

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