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944 So. 2d 250

944 So.2d 250

31 Fla.L.WeeklySupp. 757

State v. Bennett

Supreme Court of Florida

Decided November 2, 2006

Supreme Court of Florida · decided 2006-11-02

Relies on 405 So. 2d 418 - Jollie v. State · 884 So. 2d 950 - Richardson v. State · State v. Richardson

Decided 2006-11-02

PER CURIAM.

¶1We have for review Bennett v. State, 904 So.2d 447 (Fla. 4th DCA 2005), in which the Fourth District Court of Appeal cited its decision in Richardson v. State, 884 So.2d 950 (Fla. 4th DCA 2003), reh’g granted in part, 884 So.2d 950, 952 (Fla. 4th DCA 2004), quashed, 915 So.2d 86, 89 (Fla.2005). At the time that the Fourth District Court of Appeal issued its decision in Bennett, Richardson 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).

¶2The petition for review is granted. On the authority of our decision in State v. Richardson, 915 So.2d 86 (Fla.2005), the decision under review is quashed, and this matter is remanded to the Fourth District Court of Appeal for reconsideration upon application of this Court’s decision in Richardson.

¶3*251Any and all pending motions and requests are hereby denied as moot.

¶4It is so ordered.

LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.
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