State v. M.J.P., No. 91406

No. 91406 | Fla. | Apr 2, 1998

Lead Opinion

SHAW, Justice.

We have for review M.J.P. v. State, 22 Fla. L. Weekly D2090, — So.2d- (Fla. 1st DCA Sept.3,1997), wherein the district court certified the same question before this court in State v. T.M.B., 716 So. 2d 269" date_filed="1998-04-02" court="Fla." case_name="State v. TMB">716 So.2d 269 (Fla.1998):

DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN JUVENILE DELINQUENCY PROCEEDINGS?

We have jurisdiction. Art. V., § 3(b)(4), Fla. Const. We have already answered this question in the negative in T.M.B. We approve M.J.P.

It is so ordered.

KOGAN, C.J., and OVERTON, HARDING, WELLS, ANSTEAD and PARIENTE, JJ., concur.

ORDER

The Petitioner’s Motion for Rehearing and/or Clarification is hereby denied.

HARDING, C.J., and OVERTON, SHAW, KOGAN and ANSTEAD, JJ., concur.

WELLS, J., dissents with an opinion, in which PARIENTE, J., concurs.

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Dissenting Opinion

WELLS, Justice,

dissenting.

I dissent for the reasons stated in my opinion dissenting from the denial of rehearing in State v. T.M.B., 716 So.2d 269 (Fla. 1998) (order denying rehearing).

PARIENTE, J., concurs.