STATE OF FLORIDA v. GREGORY GEISS (2012)

We initially accepted jurisdiction to review the decision of the Fifth District Court of Appeal in State v. Geiss, 70 So.3d 642, 652 (Fla. 5th DCA 2011), in which the district court passed upon a question certified by it to be of great public importance.   See art.   V, § 3(b)(4), Fla. Const.  After further consideration, we have determined that we should exercise our discretion and discharge jurisdiction.   Accordingly, we dismiss this review proceeding.

It is so ordered.

James T. Miller, Jacksonville, Florida, Sonya Rudenstine, Gainesville, Florida, and Michael Ufferman, Tallahassee, Florida, on behalf of Florida Association of Criminal Defense Lawyers (FACDL),

as Amicus Curiae

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.