Supreme Court of Florida August 29, 2013, No. SC11-903 (Blackmon v. State)

QUINCE, J.

This case is before the Court for review of the decision of the First District Court of Appeal in Blackmon v. State, 58 So.3d 343 (Fla. 1st DCA 2011). The district court certified that its decision is in direct conflict with the decision of the Fourth District Court of Appeal in Kiss v. State, 42 So.3d 810 (Fla. 4th DCA 2010). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.