Brian Michael Robinson v. State of Florida

Brian Michael Robinson seeks review of the decision of the First District Court of Appeal in Robinson v. State, 153 So.3d 313 (Fla. 1st DCA 2014), on the ground that it expressly and directly conflicts with the decisions of the Second District Court of Appeal in State v. Perez, 72 So.3d 306 (Fla. 2d DCA 2011), and Netherly v. State, 804 So.2d 433 (Fla. 2d DCA 2001), on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. As we will explain, we approve the decision in Robinson, and disapprove the decisions in Perez and Netherly to the extent they hold that the State must…