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STATE v. RAYMOND

No. 3D02-1711.

847 So.2d 565 (2003)

The STATE of Florida, Appellant, v. Marti Cassandra RAYMOND, Appellee.

District Court of Appeal of Florida, Third District.

June 11, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, John D. Barker, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and John Eddy Morrison, Assistant Public Defender.

Before COPE, GERSTEN, and SHEVIN, JJ.

PER CURIAM.

We agree with the well-reasoned May 21, 2002, opinion of the 11th Judicial Circuit's Appellate Division, granting the petition for writ of habeas corpus. The court held paragraph 907.041(4)(b), Florida Statutes (2000), to be unconstitutional as a procedural rule which encroaches on the Florida Supreme Court's exclusive rule-making authority. See Fla. Const. Art. II, § 2(a). We affirm the decision below and adopt its reasoning in all respects...

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