Supreme Court of Florida February 28, 2008, No. SC07-1738 (State v. Jenkins)

PARIENTE, J.

We have for review Jenkins v. State, 963 So.2d 263 (Fla. 1st DCA 2007), which is alleged to be in express and direct conflict with the Fifth District Court of Appeal’s decision in Lawson v. State, 941 So.2d 485 (Fla. 5th DCA 2006), approved, 969 So.2d 222 (Fla.2007). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.