LEWIS v. STATE (2019)

Affirmed. See Hart v. State, 246 So. 3d 417 (Fla. 4th DCA) (en banc), rev. dismissed, No. SC18-967, 2018 WL 6181698 (Fla. Nov. 27, 2018); Pedroza v. State, 244 So. 3d 1128 (Fla. 4th DCA), rev. granted, No. SC18-964, 2018 WL 6433136 (Fla. Dec. 6, 2018). We continue to certify conflict with those cases in disagreement with Pedroza. See Warthen v. State, 265 So. 3d 695, 697-98 (Fla. 4th DCA 2019) (citing Donahue v. State, 257 So. 3d 1083 (Fla. 4th DCA 2018) and certifying conflict with Cuevas v. State, 241 So. 3d 947 (Fla. 2d DCA 2018); Blount v. State, 238 So. 3d 913 (Fla. 2d DCA 2018); Katwaroo v. State, 237 So. 3d 446 (Fla. 5th DCA 2018); Mosier v. State, 235 So. 3d 957 (Fla. 2d DCA 2017); Alfaro v. State, 233 So. 3d 515 (Fla. 2d DCA 2017); Burrows v. State, 219 So. 3d 910 (Fla. 5th DCA 2017) and Tarrand v. State, 199 So. 3d 507 (Fla. 5th DCA 2016)).

Because we are bound by the en banc majority decision in Hart v. State, 246 So. 3d 417 (Fla. 4th DCA) (en banc), dismissed as moot, SC18-967, 2018 WL 6181698 (Fla. Nov. 27, 2018), we concur. However, we continue to agree with the position expressed in Judge Warner's dissent in Hart.

Per Curiam.

Taylor and Conner, JJ., concur. May, J., concurs specially with opinion, in which Taylor, J., concurs.