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B.W.H. vs. STATE OF FLORIDA

B.W.H. vs. STATE OF FLORIDA
07/03/07

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B.W.H. vs. STATE OF FLORIDA


 


 


 


Supreme Court of Florida


 


 


____________


 


No. SC05-1291


____________


 


B.W.H., etc.,


Petitioner,


 


vs.


 


STATE OF FLORIDA,


Respondent.


 


 


[February 8, 2007]


 


PER CURIAM.


We have for review B.W.H. v. State, 904 So. 2d 659 (Fla. 5th DCA 2005), in which the Fifth District Court of Appeal cited V.K.E. v. State, 902 So. 2d 343 (Fla. 5th DCA 2005), quashed, 934 So. 2d 1276 (Fla. 2006), and certified the same question as was then pending review in this Court in V.K.E.  We have jurisdiction.  See art. V, § 3(b)(3)-(4), Fla. Const.; Jollie v. State, 405 So. 2d 418 (Fla. 1981).


We have since quashed V.K.E. and answered the certified question in a manner contrary to the decision presently on review.  See V.K.E. v. State, 934 So. 2d 1276 (Fla. 2006).  We have thus determined, and respondent agrees, that we should exercise our jurisdiction to grant the petition for review, quash the decision under review, and remand to the Fifth District Court of Appeal for reconsideration upon application of this Court's decision in V.K.E.


It is so ordered.  


LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, and QUINCE, JJ., concur.


CANTERO and BELL, JJ., concur in result only.



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 Great Public Importance



Fifth District - Case No. 5D04-1974



(Marion County)



James S. Purdy, Public Defender and Thomas J. Lukashow, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida,



for Petitioner



Bill McCollum, Attorney General, Tallahassee, Florida and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, Florida,



for Respondent





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Analysis and review provided by Spring Valley Property line Lawyers.



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Description Court have for review B.W.H. v. State, 904 So. 2d 659 (Fla. 5th DCA 2005), in which the Fifth District Court of Appeal cited V.K.E. v. State, 902 So. 2d 343 (Fla. 5th DCA 2005), quashed, 934 So. 2d 1276 (Fla. 2006), and certified the same question as was then pending review in this Court in V.K.E. Court have jurisdiction. See art. V, S 3(b)(3)-(4), Fla. Const.; Jollie v. State, 405 So. 2d 418 (Fla. 1981).
Court have since quashed V.K.E. and answered the certified question in a manner contrary to the decision presently on review. See V.K.E. v. State, 934 So. 2d 1276 (Fla. 2006). Court have thus determined, and respondent agrees, that court should exercise its jurisdiction to grant the petition for review, quash the decision under review, and remand to the Fifth District Court of Appeal for reconsideration upon application of this Court's decision in V.K.E.
It is so ordered.

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