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Florida District Courts of Appeal, 2012

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided April 5, 2012 · Sawaya, Palmer, Jacobus
84 So. 3d 451; 2012 WL 1121372; 2012 Fla. App. LEXIS 5292 (Southern Reporter, Third Series)

Perez v. State

Opinion

ON MOTION FOR REHEARING.

PER CURIAM.

We grant the motion for rehearing filed by Appellant, Juan Perez, withdraw our earlier per curiam affirmance, and substitute the following opinion in its place.

We affirm and write to address only one issue. As to the Shelton 1 issue, we affirm based on Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011). We certify that the same issue reviewed in this case is currently pending before the Florida Supreme Court. State v. Adkins, 71 So.3d 184 (Fla. 2d DCA 2011), review granted, 71 So.3d 117 (Fla. 2011). The mandate will be withheld pending final disposition of Adkins.

AFFIRMED.

SAWAYA, PALMER and JACOBUS, JJ., concur.
1

. Shelton v. Sec’y, Dep’t of Corr., 802 F.Supp.2d 1289 (M.D.Fla. 2011).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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