State v. Gibson
Decision Date | 03 July 2008 |
Docket Number | No. SC07-2158.,SC07-2158. |
Citation | 985 So.2d 1088 |
Parties | STATE of Florida, Petitioner, v. Randy Dewayne GIBSON, Respondent. |
Court | Florida Supreme Court |
Bill McCollum, Attorney General, Tallahassee, FL, and Robert J. Krauss, Assistant Attorney General, Bureau Chief, and Susan M. Shanahan, Assistant Attorney General, Tampa, FL, for Petitioner.
James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Respondent.
Arthur T. Daus, III, Fort Lauderdale, FL, on behalf of Police K-9 Magazine and Canine Development Group, as Amicus Curiae.
We initially accepted jurisdiction of this case, Gibson v. State, 968 So.2d 631 (Fla. 2d DCA 2007), on the basis of certified direct conflict with State v. Coleman, 911 So.2d 259 (Fla. 5th DCA 2005), and State v. Laveroni, 910 So.2d 333 (Fla. 4th DCA 2005). Upon further consideration, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we hereby discharge jurisdiction and dismiss review.
It is so ordered.
CANTERO, J., did not participate.
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Frost v. State Of Fla.
... ... Id. The Second District placed particular emphasis on the dog's performance history. Id. at 15. No other district has followed Matheson. See State v. Tanner, 915 So. 2d 762 (Fla. 2d DCA 2005); Gibson v. State, 968 So. 2d 631 (Fla. 2d DCA 2007), review dismissed, 985 So. 2d 1088 (Fla. 2008); Tedder v. State, 18 So. 3d 1052 (Fla. 2d DCA 2008); State v. McNeal, 35 Fla. L. Weekly D1261 (Fla. 2d DCA June 4, 2010). The state urges us to rely on the second line of cases, ... ...
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