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26 So. 3d 1287

26 So.3d 1287

34 Fla.L.WeeklySupp. 658

Collins v. State

Supreme Court of Florida

Decided December 3, 2009

Supreme Court of Florida · decided 2009-12-03

Relies on 405 So. 2d 418 - Jollie v. State · 17 So. 3d 275 - Sheppard v. State · 988 So. 2d 74 - Sheppard v. State

Decided 2009-12-03

PER CURIAM.

¶1We have for review Collins v. State, 12 So.3d 227 (Fla. 2d DCA 2009) (table), in which the Second District Court of Appeal cited as authority its decision in Sheppard v. State, 988 So.2d 74 (Fla. 2d DCA 2008), quashed, 17 So.3d 275 (Fla.2009). At the time the Second District issued its Collinsdecision, Sheppard was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).

¶2We stayed proceedings in this case pending our disposition of Sheppard v. State, 17 So.3d 275 (Fla.2009), in which we ultimately quashed the Second District’s underlying Sheppard decision. We then issued an order directing respondent in the present case to show cause why we should not accept jurisdiction, quash the Second District’s underlying Collinsdecision, and remand for reconsideration in light of our decision in Sheppard. Respondent in its response concedes that it can show no such cause.

¶3We have accordingly determined to accept jurisdiction and grant the petition for review in the present case. The decision under review is quashed and this matter is remanded to the Second District for reconsideration upon application of this Court’s Sheppard decision.

¶4It is so ordered.

QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.
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