District Court of Appeal of Florida June 3, 2009, 4D06-343 (VITTORIO v. State)

ON REMAND FROM THE FLORIDA SUPREME COURT

GROSS, C.J.

After the supreme court granted review based upon our reliance on

Yisrael v. State,

938 So.2d 546 (Fla. 4th DCA 2006),

disapproved in part,

993 So.2d 952 (Fla. 2008), it granted the petition, quashing our decision and remanding for reconsideration upon application of its decision in

Yis-rael.