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MICHAEL HERNANDEZ, Petitioner, vs. STATE OF FLORIDA, Respondent

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Supreme Court of Florida ____________ No. SC09-2225 ____________ MICHAEL HERNANDEZ, Petitioner, vs. STATE OF FLORIDA, Respondent. [February 17, 2011] QUINCE, J. We have for review Hernandez v. State, 34 Fla. L. Weekly D2269 (Fla. 3d DCA Nov. 4, 2009), in which the Third District Court of Appeal denied an appellant?s motion to transfer his appeal to another district court, but certified that its decision was in conflict with Cole v. State, 280 So. 2d 44 (Fla. 4th DCA 1973), and Stanek-Cousins v. State, 896 So. 2d 865 (Fla. 5th DCA 2005). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons set forth in this opinion, we approve Hernandez. FACTS AND PROCEDURAL HISTORY This case arises out of the murder trial of petitioner Michael Hernandez...continue to full post

Full post as published by Florida Criminal Law Opinions on February 17, 2011 (boomark / email).