Brown v. State, 256 So. 3d 820 (2018)

Oct. 15, 2018 · Florida Supreme Court · No. SC16-1031
256 So. 3d 820

Deneal O. BROWN, Petitioner,
v.
STATE of Florida, Respondent.

No. SC16-1031

Supreme Court of Florida.

October 15, 2018

Dane K. Chase of Chase Law Florida, P.A., St. Petersburg, Florida, for Petitioner

Pamela Jo Bondi, Attorney General, Suzanne Beschard, Bureau Chief, and Donna S. Koch, Assistant Attorney General, Tampa, Florida, for Respondent

PER CURIAM.

We initially accepted jurisdiction to review the decision of the Second District Court of Appeal in Brown v. State , 197 So.3d 69 (Fla. 2d DCA 2016), on the grounds of express and direct conflict with Griffin v. State , 160 So.3d 63 (Fla. 2015), Stinson v. State , 69 So.3d 291 (Fla. 1st DCA 2009), and Ward v. State , 12 So.3d 920 (Fla. 1st DCA 2009). See art. V, § 3(b)(3), Fla. Const. Having considered the Second District's opinion and the briefs of the parties, upon further review, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we dismiss review.

It is so ordered.

CANADY, C.J., and LEWIS, POLSTON, LABARGA, and LAWSON, JJ., concur.

PARIENTE and QUINCE, JJ., dissent.