State v. Luciano

We have for review Luciano v. State, 983 So.2d 759 (Fla. 5th DCA 2008), in which the Fifth District Court of Appeal certified conflict with the decision of the Third District Court of Appeal in Valdes v. State, 970 So.2d 414 (Fla. 3d DCA 2007), approved in restdt, 3 So.3d 1067 (Fla. 2009). At the time the Fifth District issued its decision in Luciano, the Third District’s Valdes decision was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3)-(4), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).

We stayed proceedings in the present case pending disposition of…