Thomas v. State

We have for review Thomas v. State, 933 So.2d 45 (Fla. 4th DCA 2006), based on express and direct conflict with Perkins v. State, 576 So.2d 1810 (Fla.1991). We have jurisdiction. See art V, § 3(b)(3), Fla. Const.

At the time the Fourth District Court of Appeal issued its decision in Thomas, another case was pending here on review likewise based on express and direct conflict with Perkins. See Hearns v. State, 912 So.2d 377 (Fla. 3d DCA 2005), approved, 961 So.2d 211 (Fla.2007). We thus stayed proceedings in the present case *354pending disposition of Hearns. After Hearns was decided, we issued an…