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950 So. 2d 396

D.W.A. v. State

Supreme Court of Florida

Decided February 8, 2007

Supreme Court of Florida · decided 2007-02-08

Relies on 934 So. 2d 1276 - V.K.E. v. State · V.K.E. v. State · D.W.A. v. State

Decided 2007-02-08

PER CURIAM.

¶1We have for review D.W.A. v. State, 909 So.2d 412 (Fla. 5th DCA 2005), in which the Fifth District Court of Appeal certified the same question as was then pending review in this Court via V.K.E. v. State, 902 So.2d 343 (Fla. 5th DCA 2005), quashed, 934 So.2d 1276 (Fla.2006). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

¶2We have since answered the certified question in a manner contrary to the decision presently on review. See V.K.E. v. State, 934 So.2d 1276 (Fla.2006). We have thus determined, and respondent agrees, that we should exercise our jurisdiction to grant the petition for review, quash the decision under review, and remand to the Fifth District Court of Appeal for reconsideration upon application of this Court’s decision in V.K.E.

¶3It is so ordered.

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