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3 So. 3d 1193

3 So.3d 1193

34 Fla.L.WeeklySupp. 244

Rivera v. State

Supreme Court of Florida

Decided February 26, 2009

Supreme Court of Florida · decided 2009-02-26

Relies on 654 So. 2d 1040 - Silverstein v. State · Reed v. State · 720 So. 2d 1121 - Henderson v. State

Decided 2009-02-26

PER CURIAM.

¶1We initially accepted jurisdiction to review the decision of the Third District Court of Appeal in Rivera v. State, 954 So.2d 1216 (Fla. 3d DCA 2007), review granted, 968 So.2d 557 (Fla.2007) (table), based on express and direct conflict with the decisions of the other district courts in Hinkel v. State, 937 So.2d 1201 (Fla. 5th DCA 2006), Briggs v. State, 929 So.2d 1151 (Fla. 5th DCA 2006), Reed v. State, 810 So.2d 1025 (Fla. 2d DCA 2002), Henderson v. State, 720 So.2d 1121 (Fla. 4th DCA 1998), Tillman v. State, 693 So.2d 626 (Fla. 2d DCA 1997), Silverstein v. State, 654 So.2d 1040 (Fla. 4th DCA 1995), and Van Ellis v. State, 455 So.2d 1065 (Fla. 1st DCA 1984). See art. V, § 3(b)(4), Fla. Const. After further, full consideration, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is dismissed.

¶2It is so ordered.

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