Byrd v. State, SC03-284.
Decision Date | 08 July 2004 |
Docket Number | No. SC03-284.,SC03-284. |
Citation | 880 So.2d 616 |
Parties | Lawanda BYRD, Petitioner, v. STATE of Florida, Respondent. |
Court | Florida Supreme Court |
Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Assistant Public Defender, and Edward L. Harvey, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Petitioner.
Charles J. Crist, Jr., Attorney General, Robert Wheeler, Bureau Chief and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, FL, for Respondent.
We originally accepted jurisdiction to review Byrd v. State, 834 So.2d 872 (Fla. 1st DCA 2002), pursuant to article V, section 3(b)(1) and 3(b)(3) of the Florida Constitution, on the ground that the district court's decision declared invalid a state statute and construed a provision of the state constitution. What we did not recognize at the time, and what neither party brought to our attention, was that the opinion declaring the statute invalid was signed by only one judge on the district court's three-judge panel; the other two judges concurred in the result (affirming the trial court's denial of Byrd's motion to dismiss) but did not join in the opinion. Thus, the opinion declaring the statute invalid was not the actual decision of the district court; it was the concurring opinion of one judge on the panel. Accordingly, we lack jurisdiction. See art. V, § 3(b)(1), Fla. Const. ( ); cf. Jenkins v. State, 385 So.2d 1356, 1359 (Fla.1980)
(). This case is hereby dismissed.
It is so ordered.
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