William D. Simon v. State of Florida

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Supreme Court of Florida ____________ No. SC00-118 ____________ WILLIAM D. SIMON Petitioner, vs. STATE OF FLORIDA, Respondent. [May 17, 2001] LEWIS, J. We have for review Simon v. State, 753 So. 2d 95 (Fla. 2d DCA 1999). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We vacate the decision of the district court and remand for reconsideration upon application of our decisions in Grant v. State, 770 So. 2d 655 (Fla. 2000); State v. Cotton, 769 So. 2d 345 (Fla. 2000); McKnight v. State, 769 So. 2d 1039 (Fla. 2000); and Ellis v. State, 762 So. 2d 912 (Fla. 2000). It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, and PARIENTE, JJ., concur. QUINCE, J., dissents. 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 Statutory Validity Second District - Case No. 2D99-01176 (Pasco County) James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Petitioner Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, and Stephen D. Ake, Assistant Attorney General, Tampa, Florida, for Respondent -2-

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