Evans v. State

I agree with the majority that a reversal is required in this case, but write to elaborate on why we were prepared to conflict with Phillips,3 in hopes of aiding the Flori*801da Supreme Court when it addresses the certified question in that case and, possibly, the similar question in this case.

Facts

Evans has a long history of sexual offense charges, beginning with a 1984 exhibition charge filed in California. Although Evans admits that offense, • the state dropped the charge after Evans skipped bail' and left California for the East coast. A similar 1989 offense was nolle prossed in Brevard…