State v. Martinez

I respectfully dissent from the dismissal of the petition. I acknowledge that no Florida statute, rule, or case has expressly authorized the petition that is now before *715us. Equally, no statute, rule, or ease has expressly prohibited this court from considering the petition now before us.

The majority relies on three cases to support its decision to dismiss the petition. State v. Gaines, 770 So.2d 1221 (Fla.2000); Weir v. State, 591 So.2d 593 (Fla.1991); and State v. Pettis, 520 So.2d 250 (Fla. 1988). My reading of these cases does not lead me to the same conclusion.

Gaines involved an appeal…