Candie Lynn Walker v. State of Florida ( 2022 )

Supreme Court of Florida
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No. SC21-1327
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CANDIE LYNN WALKER,
Petitioner,
vs.
STATE OF FLORIDA,
Respondent.
January 6, 2022
LAWSON, J.
Petitioner, Candie Lynn Walker, through counsel, seeks to
invoke this Court’s discretionary jurisdiction under article V,
section 3(b)(3) of the Florida Constitution, which allows us to
review, among other things, “any decision of a district court of
appeal that . . . expressly and directly conflicts with a decision of
another district court of appeal . . . on the same question of law.”
Counsel’s jurisdictional brief argues that we are empowered to
review the First District Court of Appeal’s decision in Walker v.
State, 324 So. 3d 60 (Fla. 1st DCA 2021), because it conflicts with a
decision in another case “decided in the same district court of
appeal.” This argument is contrary to the plain language of our
constitution, which only grants discretionary jurisdiction under this
clause when a decision from one district court “conflicts with a
decision of another district court of appeal.” Art. V, § 3(b)(3), Fla.
Const. (emphasis added). Not surprisingly, our precedent also
makes clear that “[t]his Court’s jurisdiction does not extend to
intra-district conflict.” Terry v. State, 808 So. 2d 1249, 1250 n.1
(Fla. 2002).
Because the only jurisdictional argument presented in
Walker’s brief is contrary to our constitution and precedent, we
deny Walker’s petition.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, MUÑIZ, COURIEL, and
GROSSHANS, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION
AND, IF FILED, DETERMINED.
Application for Review of the Decision of the District Court of Appeal
Direct Conflict of Decisions
First District - Case No. 1D20-608
(Escambia County)
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Philip J. Massa of Philip J. Massa, P.A., West Palm Beach, Florida,
for Petitioner
Ashley Moody, Attorney General, and David Welch, Assistant
Attorney General, Tallahassee, Florida,
for Respondent
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