Howard v. State

979 So.2d 953 (2008)

Tomesha Marie HOWARD, Petitioner,

v.

STATE of Florida, Respondent.

No. SC05-1486.

Supreme Court of Florida.

April 3, 2008.

Nancy Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Petitioner.

Bill McCollum, Attorney General, Trisha Meggs Pate, Bureau Chief, and Bryan Jordan, Assistant Attorneys General, Tallahassee, FL, for Respondent.

We have for review State v. Howard, 909 So.2d 390 (Fla. 1st DCA 2005), in which the First District Court of Appeal expressly relied upon Hilton v. State, 901 So.2d 155 (Fla. 2d…