Fernandez v. State

We originally accepted jurisdiction to review Fernandez v. State, 564 So.2d 272 (Fla.2d DCA 1990), upon the assumption that it conflicted with Ree v. State, 565 So.2d 1329 (Fla.1990), modified, State v. Lyles, 576 So.2d 706 (Fla.1991), and Lambert v. State, 545 So.2d 838 (Fla.1989). We have now determined that no conflict exists and that the opinion below is consistent with our decisions in State v. Betancourt, 552 So.2d 1107 (Fla.1989), and Jones v. State, 559 So.2d 204 (Fla.), cert. denied, — U.S. -, 111 S.Ct. 276, 112 L.Ed.2d 232 (1990). Because the defendant is going to be resentenced…