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STATE v. FRIERSON

No. SC03-1528.

926 So.2d 1139 (2006)

STATE of Florida, Petitioner, v. Anthony FRIERSON, Respondent.

Supreme Court of Florida.

Rehearing Denied March 31, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Celia Terenzio, Bureau Chief and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, FL, for Petitioner.

Carey Haughwout, Public Defender, Marcy K. Allen, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Respondent.

WELLS, J.

We have for review the decision in Frierson v. State, 851 So.2d 293 (Fla. 4th DCA 2003), which certified conflict with the decision in State v. Foust, 262 So.2d 686 (Fla. 3d DCA 1972). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

CONFLICT ISSUES

In Foust, the Third District Court of Appeal reversed a trial court's decision...

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