Opinion
Case No. 2D17-468
03-07-2018
STATE OF FLORIDA, Appellant, v. CHESTER ROBINSON, DOC# 140565, Appellee.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kiersten E. Jensen, Assistant Attorney General, Tampa, for Appellee. Howard L. Dimmig, II, Public Defender, and Maureen L. Surber, Assistant Public Defender, Bartow, for Appellee
SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA BY ORDER OF THE COURT:
Upon consideration of Appellant's motion for a written opinion and for stay of mandate filed on December 7, 2017,
IT IS ORDERED that Appellant's motion is granted. Issuance of our mandate is stayed until the Florida Supreme Court disposes of State v. Michel, No. SC16-2187 (Fla. Jan. 18, 2017). The decision dated December 1, 2017, is withdrawn and the attached opinion is substituted therefor. No further motions for rehearing will be entertained in this appeal. I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER. MARY ELIZABETH KUENZEL, CLERK Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County, Frank Quesada, Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Kiersten E. Jensen, Assistant Attorney General, Tampa, for Appellee. Howard L. Dimmig, II, Public Defender, and Maureen L. Surber, Assistant Public Defender, Bartow, for Appellee PER CURIAM.
We affirm the order on review in accordance with our decision in State v. Ratliff, 42 Fla. L. Weekly D 2361 (Fla. 2d DCA Nov. 3, 2017). As we did in Ratliff, we certify conflict with Williams v. State, 198 So. 3d 1084 (Fla. 5th DCA 2016), and Stallings v. State, 198 So. 3d 1081 (Fla. 5th DCA 2016).
Affirmed. KELLY, SLEET, and SALARIO, J.J., Concur.