We initially accepted review of the decision in Hendricks v. State, 34 So.3d 819 *609(Fla. 1st DCA 2010), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. Upon further consideration, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss the review proceeding.
It is so ordered.
POLSTON, C.J., and LEWIS, QUINCE, CANADY, and PERRY, JJ., concur. PARIENTE and LABARGA, JJ., recused.