SC06-2247 – Michael Denlinger v. State of Florida

State: Florida

Docket No: SC06-2247

Case Date: 03/19/2009

Preview:Supreme Court of Florida
____________ No. SC06-2247 ____________ MICHAEL DENLINGER, Petitioner, vs. STATE OF FLORIDA, Respondent. [March 19, 2009] PER CURIAM. We have for review Delinger v. State, 944 So. 2d 1072 (Fla. 4th DCA 2006), 1 in which the Fourth District Court of Appeal relied on its decision in Yisrael v. State, 938 So. 2d 546 (Fla. 4th DCA 2006) (en banc), disapproved in part, 993 So. 2d 952 (Fla. 2008), and affirmed the trial court without further elaboration. At the time that petitioner sought to invoke this Court's discretionary jurisdiction, Yisrael was pending review. We have

1. Based upon the materials submitted to this Court, there is confusion concerning whether petitioner's surname is spelled "Delinger," as reported by the Fourth District, or "Denlinger" as used by the parties. (Emphasis supplied.)

jurisdiction. See art. V,

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