Ervin v. State

We have for review the per curiam opinion of Ervin v. State, 742 So.2d 863 (Fla. 5th DCA 1999), in which the Fifth District Court of Appeal cited as controlling authority its opinions in Maddox v. State, 708 So.2d 617 (Fla. 5th DCA 1998), approved in part, disapproved in part, 760 So.2d 89 (Fla.2000), and Thogode v. State, 731 So.2d 114 (Fla. 5th DCA 1999), quashed, 763 So.2d 281 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418, 420 (Fla.1981).

In Thogode v. State, 763 So.2d 281 (Fla.2000), we held that the failure to file statutorily…