Hernandez v. State

We have for review Hernandez v. State, — So.3d -, 2009 WL 3617452 (Fla. 3d DCA 2009), in which the Third District Court of Appeal denied an appellant’s motion to transfer his appeal to another district court, but certified that its decision was in conflict with Cole v. State, 280 So.2d 44 (Fla. 4th DCA 1973), and Stanek-Cousins v. State, 896 So.2d 865 (Fla. 5th DCA 2005). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons set forth in this opinion, we approve Hernandez.

FACTS AND PROCEDURAL HISTORY

This case arises out of the murder trial of petitioner Michael Hernandez.…