Polite v. State

I would discharge jurisdiction because the Fifth District Court of Appeal’s decision in this case, Polite v. State, 41 So.3d 935 (Fla. 5th DCA 2010), does not conflict with the decisions of the Fourth District in Hernandez v. State, 31 So.3d 873 (Fla. 4th DCA 2010), and Montano v. State, 846 So.2d 677 (Fla. 4th DCA 2003), and of the Second District in Smith v. State, 880 So.2d 730 (Fla. 2d DCA 2004). Our discretionary jurisdiction over a case alleged to be in express and direct conflict, see art. V, *280§ 3(b)(3), Fla. Const., requires that the “district court decision under review ‘must contain…