5D01-956 Green v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-956

Case Date: 02/11/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002 RONALD JAMES GREEN, Appellant, v. STATE OF FLORIDA, Appellee. / Opinion Filed February 15, 2002 Appeal from the Circuit Court for Orange County, Dorothy J. Russell, Judge. James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee. GRIFFIN, J. The defendant concedes the issue raised on appeal is controlled by this court's decision in Stabile v. State, 790 So. 2d 1235 (Fla. 5th DCA 2001), in which we certified to the supreme court a question already certified by several other districts. See, e.g., Navarro v. State, 2002 WL 54514 (Fla. 3d DCA Jan. 16, 2002); Vargas v. State, 789 So. 2d 1030 (Fla. 4th DCA 2001) and Knight v. State, 791 So. 2d 490 (Fla. 1st DCA 2000). The Supreme Court of Florida has taken Knight for review and has now answered the question as we did in Stabile. Stabile, 790 at 1238-39. AFFIRMED. CASE NO. 5D01-956

PETERSON and PLEUS, JJ., concur.

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