Moore v. State

We have for review the decision of the Fifth District Court of Appeal in Moore v. State, 909 So.2d 500 (Fla. 5th DCA 2005), which expressly and directly conflicts with the decision of the Second District Court of Appeal in Gordon v. Regier, 839 So.2d 715 (Fla. 2d DCA 2003). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

We stayed proceedings in this case pending our disposition of Larimore v. State, 2 So.3d 101 (Fla.2008), in which we approved Gordon. Thus, when our decision in Larimore became final, we issued an order directing respondent in the present case to show cause why we…