State v. Matheson

Decision Date03 March 2005
Docket NumberNo. SC04-490.,SC04-490.
Citation896 So.2d 748
PartiesSTATE of Florida, Petitioner, v. Gary Alan MATHESON, Respondent.
CourtFlorida Supreme Court

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Robert J. Krauss, Bureau Chief Criminal Appeals, and Susan M. Shanahan, Assistant Attorney General, Tampa, FL, for Petitioner.

James Marion Moorman, Public Defender, and Celene Humphries, Special Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Respondent.

PER CURIAM.

We initially accepted jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution, to review Matheson v. State, 870 So.2d 8 (Fla. 2d DCA 2003), based on express and direct conflict with Vetter v. State, 395 So.2d 1199 (Fla. 3d DCA 1981). Upon further consideration, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is hereby dismissed.

It is so ordered.

PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, and BELL, JJ., concur.

CANTERO, J., dissents.

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5 cases
  • Frost v. State
    • United States
    • Florida District Court of Appeals
    • January 26, 2011
    ...Frost relies on the first line of cases, which began with Matheson v. State, 870 So.2d 8 (Fla. 2d DCA 2003), review dismissed, 896 So.2d 748 (Fla.2005), cert. denied, 546 U.S. 998, 126 S.Ct. 545, 163 L.Ed.2d 499 (2005). In Matheson, the Second District held that a dog's alert to the presenc......
  • Frost v. State Of Fla.
    • United States
    • Florida District Court of Appeals
    • January 26, 2011
    ...Frost relies on the first line of cases, which began with Matheson v. State, 870 So. 2d 8 (Fla. 2d DCA 2003), review dismissed, 896 So. 2d 748 (Fla. 2005), cert. denied, 546 U.S. 998 (2005). In Matheson, the Second District held that a dog's alert to the presence of drugs may provide probab......
  • The Florida Bar v. Gross, No. SC01-1403
    • United States
    • Florida Supreme Court
    • March 3, 2005
    ... ... See art. V, § 15, Fla. Const. For the reasons that follow, Lee Howard Gross is disbarred from the practice of law in the State of Florida, effective, nunc pro tunc, May 21, 2002 ...         I. FACTS ...         The Florida Bar filed four complaints against ... ...
  • Rehm v. State
    • United States
    • Florida District Court of Appeals
    • July 5, 2006
    ...dog alert to vehicle); Matheson v. State, 870 So.2d 8 (Fla. 2d DCA 2003), rev. granted, 880 So.2d 1212 (Fla.2004), rev. dismissed, 896 So.2d 748 (Fla.), cert. denied, ___ U.S. ___, 126 S.Ct. 545, 163 L.Ed.2d 499 (2005) (holding that a dog alert, standing alone, was not sufficient to establi......
  • Request a trial to view additional results

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