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STATE v. SPENCER

No. 93,795.

751 So.2d 47 (1999)

STATE of Florida, Petitioner, v. Randy Lavern SPENCER, Respondent.

Supreme Court of Florida.

September 23, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, Florida, for petitioner.

Randy Lavern Spencer, Jasper, Florida, Respondent, pro se.

PARIENTE, J.

We have for review the opinion in Spencer v. State, 717 So.2d 95 (Fla. 1st DCA 1998), which certified conflict with the opinion in Huffman v. State, 693 So.2d 570 (Fla. 2d DCA 1996). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

The relevant facts are set forth in the opinion below:

Spencer appeals from an order denying his motion...

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