Marcus Jamal Graham v. State of Florida

This case is before the Court for review of the decision of the First District Court of Appeal in Graham v. State, 170 So.3d 141 (Fla. 1st DCA 2015). The district court certified that its decision is in direct conflict with the decisions of the Fourth District Court of Appeal in Webb v. State, 104 So.3d 1153 (Fla. 4th DCA 2012), and Cupas v. State, 109 So.3d 1174 (Fla. 4th DCA 2013), on a question of law. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons that follow, we approve the First District in the instant case and disapprove the decisions of the Fourth District.

FAC…