Opinion
No. SC03-179.
May 27, 2004.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions First District — Case No. 1D00-3819, (Columbia County).
Charles J. Crist, Jr., Attorney General, Robert R. Wheeler, Tallahassee Bureau Chief, Criminal Appeals, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, FL, for Petitioner.
Nancy A. Daniels, Public Defender, and Nancy L. Showalter, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Respondent.
We originally accepted jurisdiction to review Mosley v. State, 842 So.2d 855 (Fla. 1st DCA 2002), pursuant to article V, section 3(b)( 4), Florida Constitution. Upon further consideration, we have now determined that we should exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is hereby dismissed.
It is so ordered.
ANSTEAD, C.J., and PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. WELLS and LEWIS, JJ., dissent.