State v. Jenkins

We have for review Jenkins v. State, 963 So.2d 263 (Fla. 1st DCA 2007), which is alleged to be in express and direct conflict with the Fifth District Court of Appeal’s decision in Lawson v. State, 941 So.2d 485 (Fla. 5th DCA 2006), approved, 969 So.2d 222 (Fla.2007). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

At the time the First District issued its decision in Jenkins and the petition for review in that case was filed, the Fifth District’s decision in Lawson was pending review in this Court. Subsequently, this Court issued its decision in Lawson v. State, 969 So.2d 222…