Childers v. State

I respectfully disagree with the majority’s finding that the State’s attempted revocation of Junior’s plea agreement and Elliot’s acquittal were properly excluded under section 90.403, Florida Statutes (2002). Although I agree with the majority as to the remaining issues on the direct appeal,2 I concur with Judge Ervin’s dissent on the threshold question of en banc consideration.. I also completely agree with the second and third paragraphs in Judge Wolfs opinion concerning the pur*106ported reasons that this court has taken the case en banc. Nevertheless, as the author of the original panel…