Breitberg v. State

We have for review Breitberg v. State, 942 So.2d 439 (Fla. 4th DCA 2006), in which the Fourth District Court of Appeal cited as authority its decision in Saintelien v. State, 937 So.2d 234 (Fla. 4th DCA 2006), approved in result, 990 So.2d 494 (Fla.2008), and certified conflict with the Second District Court of Appeal’s decision in King v. State, 911 So.2d 229 (Fla. 2d DCA 2005), and the Fifth District Court of Appeal’s decision in King v. State, 855 So.2d 1165 (Fla. 5th DCA 2003). At the time the Fourth District Court issued its decision in Breitberg, its Saintelien decision was pending…