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WHIRLEY v. STATE

No. 62948.

450 So.2d 836 (1984)

Karen WHIRLEY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

May 17, 1984.

Attorney(s) appearing for the Case

Judge C. Luckey, Jr., Public Defender, Daniel R. Kirkwood and Bryan E. Hopkins, Asst. Public Defenders, Tampa, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, Peggy A. Quince and Diane Barrs, Asst. Attys. Gen., E.J. Salcines, State Atty., and Claire Cours Jackson, Asst. State Atty., Tampa, for respondent.

PER CURIAM.

This cause, State v. Whirley, 421 So.2d 555 (Fla. 2d DCA 1982), is before us as conflicting with Powers v. State, 370 So.2d 854 (Fla. 3d DCA), review denied, 379 So.2d 209 (Fla. 1979). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Petitioner was arrested on December 30, 1980, and charged with a violation of section 316.193(1), Florida Statutes...

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