Portu v. State

On Motion to Reinstate

On January 18, 1995, this court filed an opinion in the captioned case. Nine days later, on January 27, 1995, the state filed a copy of a notice to invoke the discretionary jurisdiction of the Florida Supreme Court pursuant to Florida Rule of Appellate Procedure 9.120 (1994). Following that event, on February 2, 1995, the appellant’s timely motion for clarification arrived and was ultimately determined and granted. In response to the appellant’s motion, the state contended that its filing of the notice to activate the discretionary jurisdiction of the Florida Supreme…