Sturdivant v. State

I respectfully dissent from this court’s decision to deny hearing en banc, pursuant to Florida Rule of Appellate Procedure 9.331. Because the panel should have followed this court’s well-reasoned, thoughtful and correct decision in Lewis v. State, 34 So.3d 183 (Fla. 1st DCA 2010), which addresses the precise issue raised here, we should hear this case and affirm our decision in Lewis.

The decision here adopts an incorrect legal position that the Florida Supreme Court declined to adopt, and commits this court to precedent that directly contradicts controlling statutory authority. Rather than…