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STATE v. CARPENTER

No. 60383.

417 So.2d 986 (1982)

STATE of Florida, Petitioner, v. Arthur D. CARPENTER, Respondent.

Supreme Court of Florida.

July 29, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Michael A. Palecki, Asst. Atty. Gen., Tampa, for petitioner.

Jerry Hill, Public Defender, and Karla J. Staker, Asst. Public Defender, Bartow, for respondent.

ADKINS, Justice.

We have for review a decision of the District Court of Appeal, Second District, (Carpenter v. State, 394 So.2d 144 (Fla. 2d DCA 1981)), which is in express conflict with Walker v. State, 386 So.2d 630 (Fla. 5th DCA 1980). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Respondent (hereinafter referred to as defendant), was arrested for driving while...

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