Dragon v. State

We have for review Dragon v. State, 937 So.2d 781 (Fla. 4th DCA 2006), in which the Fourth District Court of Appeal certified conflict with the Second District Court of Appeal’s decision in King v. State, 911 So.2d 229 (Fla. 2d DCA 2005), and the Fifth District Court of Appeal’s decision in Kidd v. State, 855 So.2d 1165 (Fla. 5th DCA 2003). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

We stayed the present case pending our disposition of Saintelien v. State, 990 So.2d 494 (Fla.2008), in which we ultimately approved the decisions of the Second and Fifth District Courts in King and…