Rodriguez v. State

We have for review State v. Rodriguez, 997 So.2d 1210 (Fla. 3d DCA 2008), in which the Third District Court of Appeal cited as authority its decision in State v. Jardines, 9 So.3d 1 (Fla. 3d DCA 2008), quashed, 73 So.3d 34 (Fla.2011), cert. granted in part, — U.S.-, 132 S.Ct. 995, 181 L.Ed.2d 726 (2012). At the time the Third District issued its Rodriguez decision, Jardines was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).

We stayed proceedings in this case pending our disposition of Jardines v. State, 73…