STATE OF FLORIDA, PETITIONER,
v.
MICHAEL A. PUSKAC, RESPONDENT
Explore caselaw by topic → Browse Certified Conflict cases and more on FLexlaw
PER CURIAM.
We have for review Puskac v. State, 872 So. 2d 1008 (Fla. 4th DCA 2004), in which the Fourth District Court of Appeal cited with approval its decision in Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003), reh’g granted in part, 884 So. 2d 950, 952 (Fla. 4th DCA 2004), quashed, 915 So. 2d 86 (Fla.2005), and certified conflict with the Second District Court of Appeal’s decision in McCall v. State, 862 So. 2d 807 (Fla. 2d DCA 2003), review denied, 920 So. 2d 627 (Fla.2005) (table), and approved by State v. Richardson, 915 So. 2d 86, 89 (Fla. 2005). At the time that the Fourth District Court of Appeal issued its decision in Puskac, both Richardson and McCall were pending review in this Court. We have jurisdiction. See art. Y, § 3(b)(4), Fla. Const. The petition for review is granted. On the authority of our decision in State v. Richardson, 915 So. 2d 86 (Fla.2005), the decision under review is quashed, and this matter is remanded to the Fourth District Court of Appeal for reconsideration upon application of this Court’s decision in Richardson.
It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Puskac v. State, 960 So. 2d 10 (Fla. 4th DCA 2007)…On Remand From The Florida Supreme Court PER CURIAM. The supreme court has quashed our decision in Puskac v. State, 872 So. 2d 1008 (Fla. 4th DCA 2004), and remanded for reconsideration. State v. Puskac, 946 So. 2d 952 (Fla.2006). The court required that we review the issue under State v. Richardson, 915 So. 2d 86 (Fla.2005). Puskac sought relief under rule 3.850 challenging his habitual offender sentence. Puskac claimed the trial court could not use a probation…
Authorities Cited
- Erick Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003)
- McCALL v. State, 862 So. 2d 807 (Fla. 2d DCA 2003)
- State v. Erick Richardson, 915 So. 2d 86 (Fla. 2005)
- Puskac v. State, 872 So. 2d 1008 (Fla. 4th DCA 2004)
- Osorio v. State, 920 So. 2d 627 (Fla. 2005)