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STATE v. PEREZ

No. 63787.

449 So.2d 818 (1984)

STATE of Florida, Petitioner, v. Felipe PEREZ, Respondent.

Supreme Court of Florida.

April 26, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender and Michael S. Becker, Asst. Public Defender, Daytona Beach, for respondent.

McDONALD, Justice.

We have for review Perez v. State, 431 So.2d 274 (Fla. 5th DCA 1983), which the district court certified as being in direct conflict with Gillman v. State, 346 So.2d 586 (Fla. 1st DCA 1977). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution, approve the decision under review, and disapprove Gillman.

The state...

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