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STATE v. BARNUM

No. SC03-1315.

921 So.2d 513 (2005)

STATE of Florida, Petitioner, v. Henry Maynard BARNUM, Respondent.

Supreme Court of Florida.

As Revised on Denial of Rehearing February 9, 2006.

Attorney(s) appearing for the Case

Charlie J. Crist, Jr., Attorney General, Robert R. Wheeler, Bureau Chief Criminal Appeals, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, FL, for Petitioner.

Nancy A. Daniels, Public Defender and Kathleen Stover, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Respondent.

Kirk N. Kirkconnell and William R. Ponall of Kirkconnell, Lindsey, Snure and Yates, P.A., on behalf of The Florida Association of Criminal Defense Lawyers (FACDL), Winter Park, FL, as Amicus Curiae.

LEWIS, J.

We have for review the decision in Barnum v. State, 849 So.2d 371 (Fla. 1st DCA 2003) ("Barnum II"), which certified conflict with Sweeney v. State, 722 So.2d 928 (Fla. 4th DCA 1998). See Barnum II, 849 So.2d at 374. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.1

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