Supreme Court of Florida September 6, 2012, No. SC10-556 (Leggett v. State)

LABARGA, J.

We have for review Leggett v. State, 34 So.3d 51 (Fla. 3d DCA 2010), in which the Third District Court of Appeal certified conflict with the decision of the First District Court of Appeal in Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.