Opinion
No. SC03-2268.
November 18, 2004.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, First District — Case No. 1D02-3906 (Leon County).
Robert Augustus Harper and Michael Robert Ufferman of Robert Augustus Harper Law Firm, P.A., Tallahassee, FL, for Petitioner.
Charles J. Crist, Jr., Attorney General, Robert R. Wheeler, Tallahassee Bureau Chief, Criminal Appeals, Sherri Rolar Rollison, and Giselle Lylen Rivera, Asst. Attys. Gen., Tallahassee, FL, for Respondent.
We originally accepted review of Vathis v. State, 859 So.2d 517 (Fla. 1st DCA 2003), pursuant to article V, section 3(b)( 3) of the Florida Constitution. Upon further consideration, however, we find that jurisdiction was improvidently granted in this case. Accordingly, this review proceeding is dismissed.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, CANTERO, and BELL, JJ., concur.
LEWIS and QUINCE, JJ., dissent.