Summary
In Burton v. State, No. SC16-1116, 2018 WL 798521 (Fla. Feb. 9, 2018), the Florida Supreme Court summarily quashed this Court's prior opinion in Burton v. State, 191 So.3d 543 (Fla. 5th DCA 2016), and remanded for reconsideration based on Carpenter v. State, 228 So.3d 535 (Fla. 2017).
Summary of this case from Burton v. StateOpinion
CASE NO.: SC16-1116
02-09-2018
ROBERT BURTON Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 5D15-1310; 482013CF000345000AOX
Upon review of the responses to this Court's Order to Show Cause dated November 17, 2017, the Court has determined that it should accept jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fifth District Court of Appeal's decision in this case is quashed, and this matter is remanded to the district court for reconsideration upon application of our decision Carpenter v. State, 228 So. 3d 535 (Fla. 2017).
No Motion for Rehearing will be entertained by the Court. LABARGA, C.J., and PARIENTE, LEWIS, and QUINCE, JJ., concur.
CANADY, POLSTON, and LAWSON, JJ., dissent. A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court sh
Served: HON. TIFFANY MOORE RUSSELL, CLERK
HON. JOANNE P. SIMMONS, CLERK
HON. MARC LESLIE LUBET, JUDGE WESLEY HEIDT
ROBERT BURTON