Butler v. State

We have for review Butler v. State, 946 So.2d 1131 (Fla. 2d DCA 2006), in which the Second District Court of Appeal certified conflict with Hearns v. State, 912 So.2d 377 (Fla. 3d DCA 2005), approved, 961 So.2d 211 (Fla.2007). We have jurisdiction. See art V, § 3(b)(4), Fla. Const.

We stayed proceedings in this case pending disposition of Hearns. After Hearns was decided, we issued an order directing respondent to show cause why we should riot exercise jurisdiction, quash the Butler decision, and remand for reconsideration in light of our decision in Hearns. In its response, respondent “agrees…