James King v. State of Florida

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Supreme Court of Florida CORRECTED OPINION ____________ No. SC01-1883 ____________ JAMES KING, Petitioner, vs. STATE OF FLORIDA, Respondent. [May 30, 2002] PER CURIAM. We initially accepted for review the decision of the Fifth District Court of Appeal in King v. State, 790 So. 2d 477 (Fla. 5th DCA 2001), which certified conflict with Winter v. State, 781 So. 2d 1111 (Fla. 1st DCA 2001), and certified the following question for review: DOES THE OFFICE OF THE STATEWIDE PROSECUTOR HAVE JURISDICTION TO PROSECUTE A BURGLARY IN THE COUNTY IN WHICH IT WAS COMMITTED IF IT IS ALLEGED THAT THE BURGLARY WAS A PART OF A BUSINESS ENTERPRISE ENGAGED IN MULTI-CIRCUIT CRIMES? Upon further consideration, we find that review was improvidently granted. Accordingly, this review proceeding is dismissed. It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur. NO MOTION FOR REHEARING WILL BE ALLOWED. Application for Review of the Decision of the District Court of Appeal - Certified Great Public Importance Fifth District - Case No. 5D00-1518 (Orange County) Neal T. McShane, Orlando, Florida, for Petitioner Robert A. Butterworth, Attorney General, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, Florida, for Respondent -2-

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