John R. Richards v. State of Florida

Supreme Court of Florida ____________

No. SC14-184 ____________

JOHN R. RICHARDS, Petitioner,

vs.

STATE OF FLORIDA, Respondent.

[March 1, 2018]

PER CURIAM.

We initially accepted jurisdiction to review the decision of the Second District Court of Appeal in Richards v. State, 128 So. 3d 959 (Fla. 2d DCA 2013), on grounds of express and direct conflict with this Court’s decision in Williams v. State, 123 So. 3d 23 (Fla. 2013). 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 hereby dismiss review.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, and LAWSON, JJ., concur. CANADY, J., concurs in result.

Application for Review of the Decision of the District Court of Appeal – Direct Conflict of Decisions

Second District - Case No. 2D11-1484

(Pinellas County)

Howard L. “Rex” Dimmig, II, Public Defender, and William L. Sharwell, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida,

for Petitioner

Pamela Jo Bondi, Attorney General, Tallahassee, Florida, John Klawikofsky, Chief Assistant Attorney General, and Cerese Crawford Taylor, Senior Assistant Attorney General, Tampa, Florida,

for Respondent

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