Sharon Myers v. State of Florida

Because I conclude that there is no express and direct conflict of decisions underpinning our review, I would dismiss this case for lack of jurisdiction under article V, section 3(b)(3) of the Florida Constitution. Contrary to the view adopted by the majority, the Fifth District’s decision in State v. Myers, 169 So.3d 1227 (Fla. 5th DCA 2015), does not expressly and directly conflict with Ross v. State, 45 So.3d 403 (Fla. 2010), or Ramirez v. State, 739 So.2d 568 (Fla. 1999).

*984The majority’s view is that Myers conflicts with Ross and Ramirez because “[u]nder a Ramirez analysis, no single prong…