SC04-1931 - State Of Florida v. Reginald Swindle

State: Florida

Docket No: SC04-1931

Case Date: 02/09/2006

Preview:Supreme Court of Florida
____________ No. SC04-1931 ____________ STATE OF FLORIDA, Petitioner, vs. REGINALD SWINDLE, Respondent. [February 9, 2006] BELL, J.
We have for review Swindle v. State, 29 Fla. L. Weekly D2037 (Fla. 3d DCA Sept. 9, 2004), in which the Third District Court of Appeal cited with approval its decision in Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), rev'd sub nom. Milks v. State, 894 So. 2d 924 (Fla.), cert. denied, 126 S. Ct. 368 (2005), and certified conflict with the Second District Court of Appeal's decision in Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA 2003), approved, 894 So. 2d 924 (Fla.), cert. denied, 126 S. Ct. 368 (2005). At the time the Third District Court of Appeal issued its decision in Swindle, both Espindola and Milks were pending review in this Court. We have jurisdiction. See art. V,

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