Nulutagua-Sanchez v. State, 4D06-2499.

• Decision Date: 02 May 2007
• Docket Number: No. 4D06-2499.,4D06-2499.
• Citation: 954 So.2d 740
• Parties: Ivan Marco NULUTAGUA-SANCHEZ, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

954 So.2d 740

Ivan Marco NULUTAGUA-SANCHEZ, Appellant, v. STATE of Florida, Appellee.

No. 4D06-2499.

District Court of Appeal of Florida, Fourth District.

May 2, 2007.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Charles E. Burton, Judge; L.T. Case No. 05-11301 CFA02.

Carey Haughwout, Public Defender, and Emily Ross-Booker, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See State v. Smiley, 927 So.2d 1000 (Fla. 4th DCA 2006), review granted, 937 So.2d 123 (Fla.2006). However, we certify the same question of great public importance as we did on rehearing in Smiley:

DOES SECTION 776.013, FLORIDA STATUTES (2005), APPLY TO CASES PENDING AT THE TIME THE STATUTE BECAME EFFECTIVE?

State v. Smiley, 944 So.2d 1027, 1028 (Fla. 4th DCA 2006).

GUNTHER, STONE and FARMER, JJ., concur.