Kevin Brantley v. State of Florida

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Supreme Court of Florida ____________ No. SC12-226 ____________ KEVIN BRANTLEY, Petitioner, vs. STATE OF FLORIDA, Respondent. [May 23, 2013] PER CURIAM. We initially accepted review of the decision in Brantley v. State, 76 So. 3d 345 (Fla. 3d DCA 2011), review granted, 88 So. 3d 148 (Fla. 2012) (table), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. Upon further consideration, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss the review proceeding. It is so ordered. POLSTON, C.J., and PARIENTE, QUINCE, CANADY, 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 Third District - Case No. 3D11-2746 (Dade County) Jennifer Shoaf Richardson of Creed & Gowdy, P.A., Jacksonville, Florida, for Petitioner Pamela Jo Bondi, Attorney General, Tallahassee, Florida, Richard L. Polin, Bureau Chief, Criminal Appeals, Linda S. Katz and Keri Teresa Joseph, Assistant Attorneys General, Miami, Florida, for Respondent -2-

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