Opinion
No. SC02-69.
May 5, 2005.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions, Fourth District — Case No. 4D01-2559 (Palm Beach County).
Charles J. Crist, Jr., Attorney General, Tallahassee, FL, and James J. Carney, Assistant Attorney General, West Palm Beach, FL, for Petitioner.
Peyton Honeycutt, Respondent, Bothell, WA, pro se.
We have for review the decision in Honeycutt v. State, 805 So.2d 987 (Fla. 4th DCA 2001), which certified conflict with the decisions in Coppola v. State, 795 So.2d 258 (Fla. 5th DCA 2001), and Regan v. State, 787 So.2d 265 (Fla. 1st DCA 2001). We accept jurisdiction, see art. V, § 3(b)( 4), Fla. Const., summarily quash the decision of the Fourth District Court of Appeal, and remand for reconsideration in light of our decision in Banks v. State, 887 So.2d 1191 (Fla. 2004).
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.