State v. Smiley

Decision Date01 June 2006
Docket NumberNo. 4D06-479.,4D06-479.
Citation944 So.2d 1027
PartiesSTATE of Florida, Petitioner, v. Robert Lee SMILEY, Jr., Respondent.
CourtFlorida District Court of Appeals

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for petitioner.

Carey Haughwout, Public Defender, West Palm Beach, for respondent. On Motion for Rehearing

WARNER, J.

We deny rehearing but grant respondent's motion to certify the issue as one of great public importance.

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

FARMER and KLEIN, JJ., concur.

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3 cases
  • Smiley v. State
    • United States
    • Florida Supreme Court
    • June 7, 2007
    ...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). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons that follow, we answer the certified question i......
  • Love v. State
    • United States
    • Florida District Court of Appeals
    • May 11, 2018
    ...of great public importance: "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). The defendant in Smiley filed a notice to invoke discretionary jurisdiction with the Flori......
  • Nulutagua-Sanchez v. State, 4D06-2499.
    • United States
    • Florida District Court of Appeals
    • May 2, 2007
    ...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., ...

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