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LISAK v. STATE

No. 61830.

433 So.2d 487 (1983)

Angelo LISAK, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied July 11, 1983.

Attorney(s) appearing for the Case

Peter M. de Manio and Teresa H. Harrison of the Law Offices of Peter M. de Manio, P.A., Sarasota, for petitioner.

Jim Smith, Atty. Gen. and Peggy A. Quince, Asst. Atty. Gen., Tampa, for respondent.

McDONALD, Justice.

We have accepted jurisdiction to review the decision of the Second District Court of Appeal in State v. Lisak, 409 So.2d 1149 (Fla. 2d DCA 1982), because it conflicts with McCarver v. State, 379 So.2d 979 (Fla. 5th DCA 1980). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution. We approve Lisak and in doing so disapprove

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