John Christopher Stabile v. State of Florida

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Supreme Court of Florida ____________ No. SC01-2053 ____________ JOHN CHRISTOPHER STABILE, Petitioner, vs. STATE OF FLORIDA, Respondent. [January 30, 2003] PER CURIAM. This case is before the Court on the same issue certified for resolution and answered by this Court in Knight v. State, 808 So. 2d 210 (Fla. 2002).1 In Knight, we answered the certified question in the affirmative and approved the district court's resolution of the issue. Because the district court's holding here is consistent with our holding in Knight, we approve the district court's decision2 and 1 We have jurisdiction. Art. V, ยง 3(b)(4), Fla. Const. 2 Stabile v. State, 790 So. 2d 1235 (Fla. 5th DCA 2001). decline to address the issues not certified. It is so ordered. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED. Application for Review of the Decision of the District Court of Appeal - Certified Great Public Importance Fifth District - Case No. 5D00-2427 (Volusia County) James Dickson Crock, Daytona Beach, Florida, for Petitioner Charles J. Crist, Jr., Attorney General, and Kellie A. Nielan and Wesley Heidt, Assistant Attorneys General, Daytona Beach, Florida, for Respondent -2-

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