SC02-2492 – State Of Florida v. Isaac Smith

State: Florida

Docket No: sc02-2492

Case Date: 04/26/2007

Plaintiff: SC02-2492 – State Of Florida

Defendant: Isaac Smith

Preview:Supreme Court of Florida
No. SC02-2492
STATE OF FLORIDA,
Petitioner,
vs.
ISAAC SMITH,
Respondent.
[April 26, 2007]
PER CURIAM.
We have for review Smith v. State, 829 So. 2d 940 (Fla. 4th DCA 2002), in
which the Fourth District Court of Appeal certified conflict with Bates v. State,
818 So. 2d 626 (Fla. 1st DCA 2002), quashed, 887 So. 2d 1214 (Fla. 2004), and
certified the same question of great public importance as had been certified in
Bates.  At the time the Fourth District issued its decision in Smith, Bates was
pending review in this Court.  We have jurisdiction.  See art. V, § 3(b)(3)-(4), Fla.
Const.; Jollie v. State, 405 So. 2d 418 (Fla. 1981).
We stayed this case and proceeded to issue our related decisions in Bates v.
State, 887 So. 2d 1214 (Fla. 2004), and State v. Dickey, 928 So. 2d 1193 (Fla.

2006).   Once those decisions were final, we issued an order directing the
respondent to show cause why we should not exercise our jurisdiction
to summarily quash the decision under review and remand for reconsideration in
light of our decisions in Bates and Dickey.  Respondent did not file a response but,
upon consideration of petitioner's reply, we have determined to do just that.
We accordingly grant the petition for review in the present case.  The
decision under review is quashed and this matter is remanded to the Fourth District
Court for reconsideration upon application of this Court's decisions in Bates and
Dickey.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and
BELL, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
Application for Review of the Decision of the District Court of Appeal - Certified
Direct Conflict of Decisions
Fourth District - Case No. 4D01-4710
(Palm Beach County)
Bill McCollum, Attorney General, Tallahassee, Florida and Jeanine M.
Germanowicz, Assistant Attorney General, West Palm Beach, Florida,
for Petitioner
- 2 -

Isaac Smith, pro se, Daytona Beach, Florida,
for Respondent
- 3 -

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