State v. Brown

We have for review the decision of the Third District Court of Appeal in Brown v. State, 967 So.2d 236 (Fla. 3d DCA 2007), which expressly and directly conflicts with the decision of the Fourth District Court of Appeal in Garzon v. State, 939 So.2d 278 (Fla. 4th DCA 2006), approved, 980 So.2d 1038 (Fla.2008). At the time the Third District issued its decision in Brown, Garzon was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

We stayed proceedings in this case pending disposition of Garzon, in which we ultimately approved the Fourth District’s underlying…