State of Florida v. Nicolas Dominique

This case is before the Court for review of the decision of the Fourth District Court of Appeal in Dominique v. State (Dominique II), 171 So.3d 204 (Fla. 4th DCA 2015). The district court certified that its decision is in express and direct conflict with the decision of the Third District Court of Appeal in Dawkins v. State, 170 So.3d 81 (Fla. 3d DCA 2015). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons we explain, we quash the decision in Dominique II and approve the decision in Dawkins.

FACTS AND PROCEDURAL BACKGROUND

Nicolas Dominique was charged with first-degree…