and SC14-1952 Jean Claude Noel v. State of Florida and Jean Claude Noel v. State of Florida

This case is before the Court for review of the en banc decision of the Fourth District Court of Appeal in Noel v. State, 127 So.3d 769 (Fla. 4th DCA 2013) (en banc), which certified that its decision is in direct conflict with the decision of the Fifth District Court of Appeal in Nezi v. State, 119 So.3d 517 (Fla. 5th DCA 2013). Petitioner .also seeks review of Noel on the ground that it expressly and directly conflicts with Nezi on a question of law. We have jurisdiction. See art. V, § 3(b)(3), (4), Fla. Const.1

*372The question in this case concerns the constitutionality of the trial court’s…