Leggett v. State

We have for review Leggett v. State, 34 So.3d 51 (Fla. 3d DCA 2010), in which the Third District Court of Appeal certified conflict with the decision of the First District Court of Appeal in Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

We previously accepted jurisdiction in Montgomery and stayed proceedings in Leggett pending disposition of Montgomery. The stay of proceedings in this Court was lifted after we issued our decision in State v. Montgomery, 39 So.3d 252 (Fla. 2010). We held in Montgomery that use of the…