State v. Granberry

We have for review Granberry v. State, 967 So.2d 1044 (Fla. 5th DCA 2007), in which the Fifth District Court of Appeal certified conflict with the Third District Court of Appeal’s decision in Martinez v. State, 938 So.2d 1155 (Fla. 3d DCA 2006), approved, 981 So.2d. 449 (Fla.2008). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

We stayed proceedings in this case pending our disposition of Martinez. See Martinez v. State, 981 So.2d 449 (Fla.2008) (approving the holding of the Third District in Martinez). When our decision in Martinez became final, we issued an order directing…