Johnson v. State

ON MOTION TO WITHHOLD THE ISSUANCE OF THE MANDATE

Appellee, State of Florida, has moved that we withhold issuance of the mandate in this case. The State reasons that because Isaac v. State, 911 So.2d 813 (Fla. 1st DCA 2005), is now pending briefing in the Supreme Court, State v. Isaac, 4 So.3d 677 (Fla.2009), we should warehouse this, and other cases, until the Supreme Court decides the controlling issue in Isaac, which is, of course, whether Florida will retroactively apply the rule in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Fully understanding the State’s…