Arguelles v. State

We have for review Arguelles v. State, 791 So.2d 500 (Fla. 4th DCA 2001), a decision relying on Banks v. State, 755 So.2d 142 (Fla. 4th DCA 2000), quashed, 790 So.2d 1094 (Fla.2001), which was pending review in this Court at the time of the district court’s decision in this case. We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.

We recently quashed the decision in Banks. See Banks v. State, 790 So.2d 1094 (Fla.2001). While the extent of the district court’s reliance on Banks is not entirely clear, we conclude that, because of the express reliance, we should…