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STATE v. ERVIN

No. 60893.

435 So.2d 815 (1983)

STATE of Florida, Petitioner, v. Timothy ERVIN, Respondent.

Supreme Court of Florida.

July 21, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and James S. Purdy, Asst. Atty. Gen., Tampa, for petitioner.

Jerry Hill, Public Defender and Allyn Giambalvo, Asst. Public Defender, Tenth Judicial Circuit, St. Petersburg, for respondent.

BOYD, Justice.

This cause is before the Court on petition for review of the decision of the District Court of Appeal, Second District, which the district court has certified as having passed upon a question of great public importance. Ervin v. State, 410 So.2d 510 (Fla. 2d DCA 1981). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The certified question is almost the same as that certified by the first district...

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