Newby v. State

ON REMAND FROM THE SUPREME COURT

We reconsider on remand our opinion in Newby v. State, 945 So.2d 636 (Fla. 4th DCA 2006), which was quashed by the Florida Supreme Court following its decision in Newby v. State, 7 So.3d 518 (Fla. 2009). As ordered by the supreme court, we apply its decision in Yisrael v. State, 993 So.2d 952 (Fla.2008), to the facts of this case.

In Yisrael, the supreme court disapproved of this court’s holding in Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006), which was the case relied upon by this court in holding that the Department of Corrections’ certified letter…