Third District Court of Appeal

State of Florida 

Opinion filed September 25, 2024.

Not final until disposition of timely filed motion for rehearing.

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No. 3D22-1925

Lower Tribunal No. F22-15009

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The State of Florida, 

Appellant,

vs.

Robert Lee Wood,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Milton 

Hirsch, Judge.

Ashley Moody, Attorney General, and Henry C. Whitaker, Solicitor 

General, Jeffrey Paul DeSousa, Chief Deputy Solicitor General, and Alison 

E. Preston, Deputy Solicitor General (Tallahassee), for appellant.

Law Office of Larry S. Davis, P.A., and Larry S. Davis and Shana Korda 

(Hollywood); Kuehne Davis Law, P.A., and Benedict P. Kuehne, Michael T. 

Davis, Susan Dmitrovsky and Johan Dos Santos, for appellee.

Dianne Carames; Daniel Tibbitt, for the Florida Association of Criminal 

Defense Lawyers-Miami Chapter, as amicus curiae. 
Reid Levin, PLLC, and Reid Levin (Boca Raton); Akin Gump Strauss 

Hauer & Feld LLP, and Steven H. Schulman (Dallas, TX), David Giller, Caitlin 

E. Olwell, and Andrew A. McWhorter (New York, NY), for Former Members

of the Commission on the Statewide Prosecution Function, as amici curiae.

American Civil Liberties Union, and Julie A. Ebenstein, and Jonathan 

Topaz (New York, NY); Proskauer Rose LLP, and Matthew Triggs (Boca 

Raton); Brennan Center for Justice at NYU School of Law, and Sara Carter 

(New York, NY); ACLU Foundation of Florida, Inc., and Nicholas L.V. Warren 

(Jacksonville), Caroline A. McNamara, and Daniel B. Tilley; NAACP Legal 

Defense and Educational Fund, Inc., and Leah C. Aden (New York, NY), for 

the American Civil Liberties Union, Brennan Center for Justice at NYU 

School of Law, ACLU Foundation of Florida, Inc., and NAACP Legal Defense 

and Educational Fund, Inc., as amici curiae. 

Reed Smith LLP, and M. Patrick Yingling (Chicago, IL), and Wesley A. 

Butensky, for the Niskanen Center and former Florida State Senator Jeff 

Brandes, as amici curiae. 

Davis Wright Tremaine LLP, and Matthew R. Tuchman (Washington, 

D.C.), for the Due Process Institute, as amicus curiae.

Toth Funes PA, and Freddy Funes; Willkie Farr & Gallagher LLP, and 

Ferdinand G. Suba, Jr., (New York, NY); Quinn Yeargain (Harrisburg, PA), 

for State Constitutional Law Scholars G. Alan Tarr, Robert F. Williams, and 

Quinn Yeargain, as amici curiae. 

Quinn Emanuel Urquhart & Sullivan, LLP, and Owen F. Roberts (New 

York, NY), Samuel G. Williamson, and Thomas S.P. Geeker, for the 

Association of Prosecuting Attorneys, as amicus curiae

Before SCALES, LINDSEY and MILLER, JJ. 

PER CURIAM.

Reversed. See State v. Miller, 2024 WL 3434091 (Fla. 3d DCA July 

17, 2024) (holding that the Office of Statewide Prosecution had authority 

under section 16.56(1)(a) of the Florida Statutes to bring voting fraud 

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charges against a voter because the offense occurred in two Florida Judicial 

Circuits). 

SCALES, J. (specially concurring)

Because we are bound by State v. Miller,

1

I concur in the reversal of 

the trial court’s order dismissing the information against appellee Robert Lee 

Wood. If we were not bound by Miller, I would affirm for the reasons stated 

in my dissenting opinion in Miller, 2024 WL 3434091 at *5-7.

1 A panel of this Court is bound by a prior holding on the same question of 

law by another panel of this Court. Nat’l Med. Imaging, LLC v. Lyon Fin. 

Servs., Inc., 347 So. 3d 63, 64 (Fla. 3d DCA 2020).

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