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CRUZ v. STATE

No. 63451.

465 So.2d 516 (1985)

Pedro A. CRUZ, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

March 7, 1985.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender; and Robert F. Moeller, Bartow, and Douglas S. Connor, Tampa, Asst. Public Defenders, Tenth Judicial Circuit, for petitioner.

Jim Smith, Atty. Gen. and M. Ann Garrison, Asst. Atty. Gen., Tampa, for respondent.

Louis O. Frost, Jr., Public Defender and James Miller, Asst. Public Defender, Fourth Judicial Circuit, Jacksonville, amicus curiae.

EHRLICH, Justice.

This case is before us on appeal from a decision of the Second District Court of Appeal, State v. Cruz, 426 So.2d 1308 (Fla. 2d DCA 1983). The decision directly and expressly conflicts with State v. Casper, 417 So.2d 263 (Fla. 1st DCA), review denied, 418 So.2d 1280 (Fla. 1982). We take jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution...

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