Wilson v. State

I dissent because this Court does not have jurisdiction to “suspend” a provision of a lawfully enacted statute or to mandate *193that evidence which is described in the statute be maintained beyond the period the statute specifically states that the evidence is to be maintained. The majority does not state the constitutional basis for this extraordinary power.

The emergency petition filed by the Florida Criminal Procedure Rules Committee for an amendment to the Florida Rules of Criminal Procedure seeks only to amend rule 3.853. The petition does not seek a suspension of the statute, nor does it…