Supreme Court of Florida
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1 Supreme Court of Florida No. SC MARILYN HOLMES HERNDON, No. SC THOMAS P. MCCABE,
2 No. SC JOE ALAN GOLAN. No. SC ERNEST LEE HARDY, No. SC STEPHEN MURPHY, - 2 -
3 No. SC DOMINGO SANCHEZ, No. SC JOHN BOOREAM, No. SC JEANNE BARBER, - 3 -
4 No. SC SCOTT W. KARO, No. SC WILLIAM F. GILBERT, No. SC THOMAS MILLS, - 4 -
5 No. SC ALEC RICARDO REEVES, No. SC PHILLIP WRIGHT, No. SC CATHERINE W. GREGORY, - 5 -
6 No. SC MICHAL KEINZ, No. SC LAWRENCE STALEY, No. SC ALFREDO PADILLA, JR., - 6 -
7 No. SC MICHAEL WARREN TRUMBOWER, No. SC RAYMOND LYNN, No. SC REGINALD HENRY, - 7 -
8 No. SC JOSEPH JONES, No. SC MELISSA J. SMILEY, No. SC JUSTIN MURRAY, - 8 -
9 No. SC ORLANDO ADAMS, No. SC RICHARD WILLIAMS, [February 17, 2005] PARIENTE, C.J. We have the decisions in each of these cases for review, based on express and direct conflict or certified conflict with a decision of this Court or another district court. We have jurisdiction. See art. V, 3(b)(3), (4), Fla. Const. We accept jurisdiction, consolidate these cases for purposes of this opinion, summarily quash the decisions of the Second District Court of Appeal, and remand for reconsideration in light of our decisions in Franklin v. State, 887 So. 2d 1063 (Fla
10 2004), and State v. Green, 887 So. 2d 1089 (Fla. 2004). We decline to address the additional issues, including those relating to resentencing, raised in several of these cases. It is so ordered. WELLS, ANSTEAD, LEWIS, CANTERO, and BELL, JJ., concur. QUINCE, J., dissents with an opinion. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED. QUINCE, J., dissenting. I dissent for the same reasons expressed in my dissenting opinions in Franklin v. State, 887 So. 2d 1063, (Fla. 2004), and State v. Green, 887 So. 2d 1089, 1090 (Fla. 2004). Twenty-five cases consolidated: SC03-828: Direct Conflict Second District - Case No. 2D (Polk County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida, Katherine V. Blanco, Senior Assistant Attorney General, and Tonja Rene Vickers, Assistant Attorney General, Tampa, Florida,
11 Marilyn Holmes Herndon, Pro se, Riverview, Florida, SC03-912: Direct Conflict Second District - Case No. 2D (Pasco County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida, Katherine V. Blanco, Senior Assistant Attorney General, and Tonja Rene Vickers, Assistant Attorney General, Tampa, Florida, Douglas E. Walker of Holland and Knight, LLP, Orlando, Florida, SC03-928: Direct Conflict Second District - Case No. 2D (Polk County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida, and Katherine V. Blanco, Senior Assistant Attorney General, Tampa, Florida, Joe Alan Golan, Pro se, Lakeland, Florida,
12 SC03-929: Direct Conflict Second District - Case No. 2D (Pasco County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida, Katherine V. Blanco, Senior Assistant Attorney General Tampa, and Tonja Rene Vickers, Assistant Attorney General, Tampa, Florida, Ernest L. Hardy, Pro se, Belle Glade, Florida, SC03-930: Direct Conflict Second District - Case No. 2D (Pinellas County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida, and Katherine V. Blanco, Senior Assistant Attorney General, Tampa, Florida, Stephen Murphy, Pro se, Avon Park, Florida,
13 SC03-937: Direct Conflict Second District - Case No. 2D (Hillsborough County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida, and Katherine V. Blanco, Senior Assistant Attorney General and Tonja Rene Vickers, Assistant Attorney General, Tampa, Florida, Domingo Sanchez, Pro se, Pensacola, Florida, SC03-941: Second District - Case No. 2D (Polk County) Charles, J. Crist, Jr., Attorney General, Tallahassee, Florida and C. Suzanne Bechard, Assistant Attorney General, Tampa, Florida, James Marion Moorman, Public Defender and Allyn M. Giambalvo, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida,
14 SC03-962: Second District - Case No. 2D (Pinellas County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida, Katherine V. Blanco, Senior Assistant Attorney General and Tonja Rene Vickers, Assistant Attorney General, Tampa, Florida, Jeanne Barber, Pro se, Clearwater, Florida, SC03-972: Second District - Case No. 2D (Hillsborough County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Katherine V. Blanco, Senior Assistant Attorney General, Tampa, Florida, Scott W. Karo, Pro se, Arcadia, Florida
15 SC03-993: Second District - Case No. 2D (Pinellas County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida, Katherine V. Blanco, Senior Assistant Attorney General and Tonja Rene Vickers, Assistant Attorney General, Tampa, Florida, William F. Gilbert, Pro se, St. Petersburg, Florida, SC03-994: Second District - Case No. 2D (Pinellas County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Katherine V. Blanco, Senior Assistant Attorney General, Tampa, Florida Thomas Mills, Pro se, Largo, Florida,
16 SC : Second District - Case No. 2D (Pinellas County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida, Robert J. Krauss, Chief Assistant Attorney General and Susan D. Dunlevy, Assistant Attorney General, Tampa, Florida, James Marion Moorman, Public Defender and William L. Sharwell, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, SC : Second District - Case No. 2D (Polk County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Ronald Napolitano, Assistant Attorney General, Tampa, Florida, James Marion Moorman, Public Defender and William K. Sharwell, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida,
17 SC : Second District - Case No. 2D (Polk County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Dale E. Tarpley, Assistant Attorney General, Tampa, Florida, David R. Carmichael of Franklin and Carmichael, Bartow, Florida, SC : Second District - Case No. 2D (Lee County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Ronald Napolitano, Assistant Attorney General, Tampa, Florida, James Marion Moorman, Public Defender and Timothy J. Ferreri, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida,
18 SC : Second District - Case No. 2D (Pinellas County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Deena DeGenova, Assistant Attorney General, Tampa, Florida, James Marion Moorman, Public Defender and Timothy J. Ferreri, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, SC : Second District - Case No. 2D (Hillsborough County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Katherine V. Blanco, Senior Assistant Attorney General, and Tonja Rene Vickers, Assistant Attorney General, Tampa, Florida Alfredo Padilla, Jr., Pro se, Bowling Green, Florida
19 SC : Second District - Case No. 2D (Lee County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Deena DeGenova, Assistant Attorney General, Tampa, Florida, James Marion Moorman, Public Defender and Allyn M. Giambalvo, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, SC : Second District - Case No. 2D (Pinellas County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Ronald Napolitano, Assistant Attorney General, Tampa, Florida, James Marion Moorman, Public Defender and Megan Olson, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida,
20 SC : Second District - Case No. 2D (Polk County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Ronald Napolitano, Assistant Attorney General, Tampa, Florida, James Marion Moorman, Public Defender and Judith Ellis, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, SC : Second District - Case No. 2D (Pinellas County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Katherine V. Blanco, Senior Assistant Attorney General, and Tonja Rene Vickers, Assistant Attorney General, Tampa, Florida, James Marion Moorman, Public Defender and Steven L. Bolotin, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida,
21 SC : Second District - Case No. 2D (Polk County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Katherine Coombs Cline, Assistant Attorney General, Tampa, Florida, John S. Lynch, Bartow, Florida, SC : Second District - Case No. 2D (Pinellas County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Ronald Napolitano, Assistant Attorney General, Tampa, Florida, James Marion Moorman, Public Defender and Robert D. Rosen, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida,
22 SC : Second District - Case No. 2D (Hillsborough County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Ronald Napolitano, Assistant Attorney General, Tampa, Florida James Marion Moorman, Public Defender, James C. Banks, Special Assistant Public Defenders, Tenth Judicial Circuit, Bartow, Florida, and Alexander Dombrowsky, Tallahassee, Florida, SC04-585: Second District - Case No. 2D (Polk County) Charles J. Crist, Jr., Attorney General, Tallahassee, Florida and Katherine Coombs Cline, Assistant Attorney General, Tampa, Florida, Richard Williams, Pro se, Bellview, Florida,
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