ROCCO GIORDANO, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
This cause having heretofore been submitted to the Court on Certified Direct Conflict of Decisions pursuant to Article V, Section 3(b)(4), Florida Constitution (1980), and Florida Rule of Appellate Procedure 9.030(a)(2)(A)(vi), and the Court having determined that it should decline to exercise jurisdiction, it is ordered that the Petition for Review is denied.
No Motion for Rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
LEWIS, CANADY, POLSTON, and LAWSON, JJ., concur.
PARIENTE, J., dissents with an opinion, in which LABARGA, C. J,, and QUINCE, J., concur.
dissenting.
For the reasons stated in my dissenting opinion in Flynn v. State, No. SC17-1197, 229 So.3d 1219, 2017 WL 5185148 (Fla. Nov. 9, 2017), at 1 (Pariente, J., dissenting), I would accept jurisdiction in this certified conflict case. See Giordano v. State, 42 Fla. L. Weekly D1415, 2017 WL 2664697 (Fla. 4th DCA June 21, 2017).
LABARGA, C,J., and QUINCE, J., concur.
[*1221] PARIENTE, J.,
dissenting.
For the reasons stated in my dissenting opinion in Flynn v. State, No. SC17-1197, 229 So. 3d 1219, 2017 WL 5185148 (Fla. Nov. 9, 2017), at 1 (Pariente, J., dissenting), I would accept jurisdiction in this certified conflict case. See Giordano v. State, 42 Fla. L. Weekly D1415, 2017 WL 2664697 (Fla. 4th DCA June 21, 2017).
LABARGA, C,J., and QUINCE, J., concur.