STATE v. BAILEY, 6 So.3d 52 (Fla. 2009)

No. SC08-284.Supreme Court of Florida.
March 3, 2009.

Lower Tribunal No(s). 2D05-1697.

Upon review of the response(s) to this Court’s order to show cause dated December 30, 2008, the Court has determined that it should decline to exercise jurisdiction in this case. See State v. Powell, 34 Fla. L. Weekly S2 (Fla. Sept 29, 2008) (as revised on denial of rehearing Dec. 23, 2008). The petition for discretionary review is therefore denied.

No motion for rehearing will be entertained by the Court. See Fla. R. App. Pro. 9.330(d)(2).

QUINCE, C.J., and PARIENTE, LEWIS, and POLSTON, JJ., concur. CANADY, J., dissents.

Page 53