SC05-659 - State Of Florida v. Michael M. Nesbitt

State: Florida

Docket No: SC05-659

Case Date: 10/05/2006

Preview:Supreme Court of Florida
____________ No. SC05-659 ____________

STATE OF FLORIDA, Petitioner, vs. MICHAEL M. NESBITT, Respondent. [October 5, 2006] PER CURIAM. We have for review Nesbitt v. State, 912 So. 2d 15 (Fla. 4th DCA 2005), in which the Fourth District Court of Appeal cited with approval its decision in Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003), reh'g granted in part, 884 So. 2d 950, 952 (Fla. 4th DCA 2004), quashed, 915 So. 2d 86 (Fla. 2005), and certified conflict with the Second District Court of Appeal's decision in McCall v. State, 862 So. 2d 807 (Fla. 2d DCA 2003), review denied, 920 So. 2d 627 (Fla. 2005) (table), and approved by State v. Richardson, 915 So. 2d 86, 89 (Fla. 2005). At the time that the Fourth District Court of Appeal issued its decision in Nesbitt,

both Richardson and McCall were pending review in this Court. We have jurisdiction. See art. V,

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