HAYNES v. STATE (2020)

District Court of Appeal of Florida, Second District.

Carey HAYNES, Appellant, v. STATE of Florida, Appellee.

Case No. 2D19-1336

Decided: December 30, 2020

Howard L. Dimmig, II Public Defender and Maureen E. Surber, Assistant Public Defender, Bartow for Appellant. Ashley Moody, Attorney General and Chelsea N. Simms, Assistant Attorney General, Tampa for Appellee.

For the reasons expressed in Morgan v. State, 293 So. 3d 1081 (Fla. 2d DCA), review granted, No. SC20-641, 2020 WL 3494396 (Fla. June 29, 2020), we affirm. As in Morgan, we certify conflict with the Fourth and Fifth District Courts of Appeal in Jones v. State, 279 So. 3d 172 (Fla. 4th DCA 2019), and Magill v. State, 287 So. 3d 1262 (Fla. 5th DCA 2019).¹

FOOTNOTES

1. In Morgan we also certified conflict with the First District Court of Appeal in Simmons v. State, 274 So. 3d 468 (Fla. 1st DCA 2019), and Jordan v. State, 81 So. 3d 595 (Fla. 1st DCA 2012). However, as the First District has since receded from Simmons and Jordan, see Rogers v. State, 296 So. 3d 500, 505 (Fla. 1st DCA 2020) (en banc), we do not repeat that part of our certification in the present case.

VILLANTI, Judge.

MORRIS and ATKINSON, JJ., Concur.

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