Jackson v. State

This case is before the Court for review of the decision of the First District Court of Appeal in State v. Jackson, 22 So.3d 817 (Fla. 1st DCA 2009). The First District certified that its decision is in direct conflict with the decisions of the Third District Court of Appeal in State v. Williams, 20 So.3d 419 (Fla. 3d DCA 2009), State v. Davis, 997 So.2d 1278 (Fla. 3d DCA 2009), and State v. Berry, 976 So.2d 645 (Fla. 3d DCA 2008). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

The case under review concerns the re-sentencing of Bradley James Jackson (“Jackson”) under the Criminal…