D.W.A. vs. STATE OF FLORIDA
Court have for review D.W.A. v. State, 909 So. 2d 412 (Fla. 5th DCA 2005), in which the Fifth District Court of Appeal certified the same question as was then pending review in this Court via V.K.E. v. State, 902 So. 2d 343 (Fla. 5th DCA 2005), quashed, 934 So. 2d 1276 (Fla. 2006). Court have jurisdiction. See art. V, S 3(b)(4), Fla. Const.
Court have since 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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