MCCOY v. STATE

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Michael Joe MCCOY, Petitioner, v. STATE of Florida, Respondent.

No. SC16–1316

Decided: June 08, 2017

Andy Thomas, Public Defender, and Danielle Jorden, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Petitioner Pamela Jo Bondi, Attorney General, Trisha Meggs Pate, Bureau Chief, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, Florida, for Respondent

We initially accepted jurisdiction to review the decision of the First District Court of Appeal in McCoy v. State, 194 So.3d 1058 (Fla. 1st DCA 2016), which was certified to be in direct conflict with the decision of the Fifth District Court of Appeal in Thomas v. State, 91 So.3d 880 (Fla. 5th DCA 2012). See art. V, § 3(b)(4), Fla. Const. Having considered the First 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 hereby dismiss review.

It is so ordered.

PER CURIAM.

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

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