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Florida District Courts of Appeal, 2012

Washington v. State

Washington v. State
Florida District Courts of Appeal · Decided March 16, 2012 · Griffin, Monaco, Orfinger
84 So. 3d 377; 2012 WL 874332; 2012 Fla. App. LEXIS 4221 (Southern Reporter, Third Series)

Washington v. State

070rehearing

ON MOTION FOR REHEARING

PER CURIAM.

We grant Jerry L. Washington’s motion for rehearing, withdraw our earlier per curiam affirmance, and substitute the following in its place.

We affirm and write only to address one issue. As to the Shelton1 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 in State v. Adkins, 71 So.3d 117 (Fla. 2011). The mandate will be withheld pending final disposition of Adkins.

AFFIRMED.

ORFINGER, C.J., GRIFFIN and MONACO, JJ., concur.

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

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