Kudelka v. State

ON MOTION FOR STAY

FRANK, Judge.

The appellant, acting pro se, has filed a motion for stay of his resentencing hearing relying on Everage v. State, 516 So.2d 81 (Fla. 1st DCA 1987), Hall v. State, 530 So.2d 1066 (Fla. 1st DCA 1988), and McKinnon v. State, 530 So.2d 1101 (Fla. 1st DCA 1988). The preceding authorities, all arising in the First District, hold that an automatic stay of resentencing occurs upon the filing of a petition for discretionary review in the Supreme Court. We, however, find the Fifth District’s reasoning in Vicknair v. State, 501 So.2d 755 (Fla. 5th DCA 1987), review…