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Washington v. State

84 So. 3d 377, 2012 WL 874332, 2012 Fla. App. LEXIS 4221
Procedural entryThis page is a short order in Washington v. State. Read the opinion of the Court — 10 So. 3d 1126 →
District Court of Appeal of Florida·Decided March 16, 2012·No. No. 5D10-3508·Published

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

We grant Jerry L. Washington’s motion for rehearing, withdraw our earlier per curiam affirmance, and substitute the following in its place.

We affirm and write only to address one issue. As to the Shelton1 issue, we affirm based on Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). We certify that the same issue reviewed in this case is currently pending before the Florida Supreme Court in State v. Adkins, 71 So.3d 117 (Fla.2011). The mandate will be withheld pending final disposition of Adkins.

AFFIRMED.

ORFINGER, C.J., GRIFFIN and MONACO, JJ., concur.

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Washington v. State, 84 So. 3d 377, 2012 WL 874332, 2012 Fla. App. LEXIS 4221 (Fla. Ct. App. 2012).

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Related

Flagg v. State
74 So. 3d 138 (District Court of Appeal of Florida, 2011)
State v. Adkins
71 So. 3d 117 (Supreme Court of Florida, 2011)
Shelton v. Secretary, Department of Corrections
802 F. Supp. 2d 1289 (M.D. Florida, 2011)