IN THE SUPREME COURT OF FLORIDA LARRY BRYANT NETTLES, Petitioner, v. STATE OF FLORIDA, Case No. SC12- L.T. No. 1D11-5951 Respondent. ON DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL, FIRST DISTRICT JURISDICTIONAL BRIEF OF RESPONDENT PAMELA JO BONDI ATTORNEY GENERAL TRISHA MEGGS PATE TALLAHASSEE BUREAU CHIEF, CRIMINAL APPEALS FLORIDA BAR NO. 0045489 JOSHUA R. HELLER ASSISTANT ATTORNEY GENERAL FLORIDA BAR NO. 0502901 OFFICE OF THE ATTORNEY GENERAL PL-01, THE CAPITOL TALLAHASSEE, FL 32399-1050 (850) 414-3300 (850) 922-6674 (FAX) COUNSEL FOR RESPONDENT
TABLE OF CONTENTS PAGE# TABLE OF CONTENTS... ii TABLE OF CITATIONS... iii PRELIMINARY STATEMENT... 1 STATEMENT OF THE CASE AND FACTS... 1 SUMMARY OF ARGUMENT... 2 ARGUMENT... 3 ISSUE I WHETHER THIS COURT SHOULD EXERCISE JURISDICTION WHEN IT HAS DECIDED THE UNDERLYING ISSUE ADVERSE TO PETITIONER S POSITION AND IN CONFORMITY TO THE CITATION PCA BY THE FIRST DISTRICT? (RESTATED)... 3 A. This Court Need Not Accept Jurisdiction Because It Has Decided State v. Adkins Adversely to Petitioner s Position.... 3 CONCLUSION... 3 CERTIFICATE OF SERVICE... 4 CERTIFICATE OF COMPLIANCE... 4 APPENDIX ii
TABLE OF CITATIONS iii
PRELIMINARY STATEMENT Respondent, the State of Florida, the Appellee in the District Court of Appeal (DCA) and the prosecuting authority in the trial court, will be referenced in this brief as Respondent, the prosecution, or the State. Petitioner, LARRY BRYANT NETTLES, the Appellant in the DCA and the defendant in the trial court, will be referenced in this brief as Petitioner or proper name. "PJB" will designate Petitioner's Jurisdictional Brief. That symbol is followed by the appropriate page number. STATEMENT OF THE CASE AND FACTS The pertinent history and facts are set out in the decision of the lower tribunal, attached in slip opinion form [hereinafter referenced as slip op. ]. It also can be found at Nettles v. State, 2012 WL 2055004 (Fla. 1st DCA June 8, 2012) (Table).
SUMMARY OF ARGUMENT The First District Court of Appeal cited as controlling authority Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011), which is pending in this Court. As noted by Petitioner, the proceedings in Flagg are stayed pending disposition of State v. Adkins, Case No. SC11-1878, which was just decided by this Court on July 12, 2012, after Appellant filed his Jurisdictional Brief. As Adkins is no longer pending in this Court, there is no reason for this Court to accept jurisdiction of this case. 2
ARGUMENT ISSUE I: WHETHER THIS COURT SHOULD EXERCISE JURISDICTION WHEN IT HAS DECIDED THE UNDERLYING ISSUE ADVERSE TO PETITIONER S POSITION AND IN CONFORMITY TO THE CITATION PCA BY THE FIRST DISTRICT (RESTATED) A. This Court Need Not Accept Jurisdiction Because It Has Decided State v. Adkins Adversely to Petitioner s Position. The First District Court of Appeal issued a per curiam affirmance in this case citing Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011). This Court, in Jollie v. State, 405 So. 2d 418 (Fla. 1981), stated that: We thus conclude that a district court of appeal per curiam opinion which cites as controlling authority a decision that is either pending review or has been reversed by this Court continues to constitute prima facie express conflict and allows this Court to exercise its jurisdiction. Id. at 420. Flagg has been stayed pending disposition of Adkins, Case No. SC11-1878. However, after Petitioner filed his jurisdictional brief, this court issued an opinion in State v. Adkins, Case No. SC11-1878, So. 3d (Fla. July 12, 2012), which is adverse to Petitioner s position. Because this Court has decided Adkins adverse to Petitioner s position and in conformity with Flagg, there is no reason to exercise jurisdiction over this case. CONCLUSION Based on the foregoing discussions, the State respectfully requests this Honorable Court decline to exercise jurisdiction. 3
CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the following by electronic mail (pursuant to pre-existing agreement) on July 18, 2012: Glenna Joyce Reeves, Esq., Assistant Public Defender, joyce.reeves@flpd2.com. CERTIFICATE OF COMPLIANCE I certify that this brief was computer generated using Courier New 12 point font. Respectfully submitted and certified, PAMELA JO BONDI ATTORNEY GENERAL TRISHA MEGGS PATE Tallahassee Bureau Chief, Criminal Appeals Florida Bar No. 0045489 By: JOSHUA R. HELLER Florida Bar No. 0502901 Office of the Attorney General PL-01, The Capitol Tallahassee, Fl 32399-1050 (850) 414-3300 (VOICE) (850) 922-6674 (FAX) AG# L12-1-21562 Attorney for the State of Florida 4
IN THE SUPREME COURT OF FLORIDA LARRY BRYANT NETTLES, Petitioner, v. Case No. SC12- STATE OF FLORIDA, Respondent. INDEX TO APPENDIX A. Nettles v. State, 2012 WL 2055004 (Fla. 1st DCA June 8, 2012) (Table) 5