Kemar Rochester v. State of Florida

Supreme Court of Florida ____________ No. SC12-1932 ____________ KEMAR ROCHESTER, Petitioner, vs. STATE OF FLORIDA, Respondent. [June 5, 2014] PER CURIAM. This case is before the Court for review of the Fourth District Court of Appeal’s decision in Rochester v. State,

95 So. 3d 407

(Fla. 4th DCA 2012), which the Fourth District certified is in direct conflict with the decision of the Second District Court of Appeal in Montgomery v. State,

36 So. 3d 188

(Fla. 2d DCA 2010). 1 For the reasons explained below, we approve the Fourth District’s holding that section 775.082(3)(a)4., Florida Statutes…