Supreme Court of Florida
MARC JEAN PAUL,
STATE OF FLORIDA,
[September 1, 2005]
We have for review the decision in Paul v. State, 838 So. 2d 687 (Fla. 3d
DCA 2003), which certified conflict with the decisions in Murphy v. State, 773 So.
2d 1174 (Fla. 2d DCA 2000), and Mortimer v. State, 770 So. 2d 743 (Fla. 4th DCA
2000). We accept jurisdiction, see art. V, § 3(b)(4), Fla. Const. Based upon our
independent review, as well as the State’s concession of error, we summarily quash
the decision of the Third District Court of Appeal and remand for reconsideration
in light of our decision in Banks v. State, 887 So. 2d 1191 (Fla. 2004), to determine
whether the defendant’s sentence could have been imposed under the 1994
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and
BELL, JJ., 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
Direct Conflict of Decisions
Third District - Case No. 3D02-2664
Bennett H. Brummer, Public Defender and Andrew Stanton, Assistant Public
Defender, Eleventh Judicial Circuit, Miami, Florida,
Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Richard L. Polin,
Bureau Chief, Criminal Appeals, Office of Attorney General, Miami, Florida,