State v. Cote

913 So.2d 544 (2005)

STATE of Florida, Petitioner,

v.

Terry COTE, Respondent.

No. SC03-551.

Supreme Court of Florida.

September 29, 2005.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Robert J. Krauss, Senior Assistant Attorney General and Danilo Cruz-Carino, Assistant Attorney General, Tampa, FL, for Petitioner.

Michael P. McDaniel of C. Ray McDaniel, P.A., Bartow, FL, for Respondent.

We have for review Cote v. State, 841 So.2d 488 (Fla. 2d DCA 2003), which cites to a case that was pending review in this Court (Harvey v. State, 786 So.2d 595 (Fla. 1st DCA), reh'g denied, 786 So.2d 28…