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90 So. 3d 267

90 So.3d 267

37 Fla.L.WeeklySupp. 342

Stabler v. State

Supreme Court of Florida

Decided May 10, 2012

Supreme Court of Florida · decided 2012-05-10

Relies on 920 So. 2d 1175 - State v. Rabb · 73 So. 3d 34 - Jardines v. State · Bluman v. Federal Election Commission

Decided 2012-05-10

PER CURIAM.

¶1We have for review Stabler v. State, 990 So.2d 1258 (Fla. 1st DCA 2008), in which the First District Court of Appeal certified *268conflict with the Fourth District Court of Appeal’s decision in State v. Rabb, 920 So.2d 1175 (Fla. 4th DCA 2006). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

¶2We stayed proceedings in this case pending our disposition of Jardines v. State, 73 So.3d 34 (Fla.2011), cert. granted in part, — U.S. -, 132 S.Ct. 995, 181 L.Ed.2d 726 (2012), in which we ultimately approved the result in the Fourth District’s Rabbdecision. We then issued an order directing respondent in the present case to show cause why we should not accept jurisdiction, quash the First District’s Stablerdecision, and remand for reconsideration in light of our decision in Jardines.

¶3Upon consideration of the response and petitioner’s reply thereto, we have determined to exercise jurisdiction and grant the petition for review in the present case. The decision under review is quashed and this matter is remanded to the First District for reconsideration upon application of this Court’s Jardinesdecision.

¶4It is so ordered.

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