BROWN v. STATE (2018)

We initially accepted jurisdiction to review the decision of the Second District Court of Appeal in Brown v. State, 197 So.3d 69 (Fla. 2d DCA 2016), on the grounds of express and direct conflict with Griffin v. State, 160 So.3d 63 (Fla. 2015), Stinson v. State, 69 So.3d 291 (Fla. 1st DCA 2009), and Ward v. State, 12 So.3d 920 (Fla. 1st DCA 2009). See art. V, § 3(b)(3), Fla. Const. Having considered the Second District's opinion and the briefs of the parties, upon further review, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we dismiss review.

It is so ordered.

PER CURIAM.

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