James Warmington v. State of Florida

I agree with Justice Perry’s dissent that this Court does not have jurisdiction in this case. As Justice Perry states, the Third District’s decision in Warmington v. State, 86 So.3d 1188 (Fla. 3d DCA 2012), does not expressly and directly conflict with this Court’s decision in Hayes v. State, 660 So.2d 257 (Fla.1995), the Fourth District’s decision in Ramirez v. State, 1 So.3d 383 (Fla. 4th DCA 2009), or the *657Second District’s decision in Miele v. State, 875 So.2d 812 (Fla. 2d DCA 2004).

In Hayes, Ramirez, and Miele, the prosecutors commented on the defendants’ failure to produce exculpatory…