Brett Fenster v. State of Florida

We have for review Fenster v. State, 61 So.3d 465 (Fla. 4th DCA 2011), in which the Fourth District Court of Appeal cited as authority its decision in Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), quashed, 123 So.3d 23 (Fla.2013). At the time the Fourth District issued its decision in Fenster, Williams was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).

We stayed proceedings in this case pending our disposition of Williams v. State, 123 So.3d 23 (Fla.2013), in which we ultimately quashed the Fourth…