Joseph Eli Bearden v. State of Florida

Supreme Court of Florida ____________ No. SC12-1314 ____________ JOSEPH ELI BEARDEN, Petitioner, vs. STATE OF FLORIDA, Respondent. [April 16, 2015] LABARGA, C.J. Joseph Eli Bearden (Bearden) seeks review of the decision of the Second District Court of Appeal in Bearden v. State,

62 So. 3d 656

(Fla. 2d DCA 2011), on the ground that it expressly and directly conflicts with a decision of another district court of appeal, DeWolfe v. State,

62 So. 3d 1142

(Fla. 1st DCA 2011), on a question of law. Specifically, the district courts reached conflicting decisions on whether the judge or jury is charged…