State v. J.P.

I join in Justice Cantero’s dissent.

I write only in respect to the majority’s footnote 1 and the majority’s comments relying upon stare decisis. I believe it must be noted that although this Court’s opinion in T.M. v. State, 784 So.2d 442 (Fla.2001), which was the lead case and which J.P. v. State, 788 So.2d 953 (Fla.2001), followed, did use the phrase “we agree,” the opinion contains no analysis. My vote in those earlier cases was a recognition of the State’s concession which was made in this Court. The concession had not been made in the district court. The case was remanded to the district…