Bobby Lee Akien v. State of Florida

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Supreme Court of Florida _____________ No. SC10-1837 _____________ BOBBY LEE AKIEN, Petitioner, vs. STATE OF FLORIDA, Respondent. [Janury 5, 2012] PER CURIAM. We initially accepted jurisdiction to review the decision of the Fourth District Court of Appeal in Akien v. State, 44 So. 3d 152 (Fla. 4th DCA 2010), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. Upon further consideration, we have determined that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding. It is so ordered. CANADY, C.J., and PARIENTE, QUINCE, POLSTON, LABARGA, and PERRY, JJ, concur. LEWIS, J., dissents. NO MOTION FOR REHEARING WILL BE ALLOWED. Application for Review of the Decision of the District Court of Appeal - Direct Conflict of Decisions Fourth District - Case No. 4D09-1224 (Palm Beach County) Carlos F. Gonzalez of Diaz Reus and Targ, LLP, Miami, Florida, for Petitioner Pamela Jo Bondi, Attorney General, Tallahassee, Florida, Celia Terenzio, Bureau Chief, and Laura Fisher, Assistant Attorneys General, West Palm Beach, Florida, for Respondent -2-

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