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CARLTON v. STATE

No. 62702.

449 So.2d 250 (1984)

Richard Long CARLTON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied May 23, 1984.

Attorney(s) appearing for the Case

Larry G. Turner and Robert S. Griscti of the Law Offices of Larry G. Turner, Gainesville, for petitioner.

Jim Smith, Atty. Gen. and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for respondent.

ADKINS, Justice.

This cause is before us on discretionary review of the Fifth District Court of Appeal's decision in Carlton v. State which is reported at 418 So.2d 449 (Fla. 5th DCA 1982). That case conflicts with Pezzella v. State, 390 So.2d 97 (Fla. 3d DCA 1980), review denied, 399 So.2d 1146 (Fla. 1981). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

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