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SMITH v. STATE

Nos. 69715, 69838.

521 So.2d 106 (1988)

Harold SMITH, Petitioner, v. STATE of Florida, Respondent. STATE of Florida, Petitioner, v. Paul Clair LENTZ, Respondent.

Supreme Court of Florida.

Rehearings Denied March 30, 1988.

Attorney(s) appearing for the Case

Sharon B. Jacobs of Sharon B. Jacobs, P.A., Miami, for Harold Smith.

Robert A. Butterworth, Atty. Gen., Gary L. Printy, Asst. Atty. Gen., Tallahassee, and Steven T. Scott, Asst. Atty. Gen., Miami, for State of Florida.

Michael E. Allen, Public Defender and Glenna Joyce Reeves, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for Paul Clair Lentz.

GRIMES, Justice.

These cases which involve the same issue are consolidated for our consideration. The First District Court of Appeal in Lentz v. State, 498 So.2d 986 (Fla. 1st DCA 1986), certified its decision to be in direct conflict with Snook v. State, 478 So.2d 403 (Fla. 3d DCA 1985). In Smith v. State, 497 So.2d 910 (Fla. 3d DCA 1986...

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