Bernard J. Dougherty v. State of Florida

Supreme Court of Florida ____________ No. SC12-2365 ____________ BERNARD J. DOUGHERTY, Petitioner, vs. STATE OF FLORIDA, Respondent. [October 16, 2014] LABARGA, C.J. Bernard Joseph Dougherty seeks review of the decision of the Fifth District Court of Appeal in Dougherty v. State,

96 So. 3d 984

(Fla. 5th DCA 2012), on the ground that it expressly and directly conflicts with a decision of the Fourth District Court of Appeal in Macaluso v. State,

12 So. 3d 914

(Fla. 4th DCA 2009), on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the following reasons, we quash in…