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MILLER v. STATE

No. 64505.

460 So.2d 373 (1984)

Morris Lee MILLER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

December 6, 1984.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for petitioner.

Jim Smith, Atty. Gen., and Sharon Lee Stedman and Penny H. Brill, Asst. Attys. Gen., West Palm Beach, for respondent.

ALDERMAN, Justice.

We review the decision of the District Court of Appeal, Fourth District, in Miller v. State, 438 So.2d 83 (Fla. 4th DCA 1983), which directly expressly conflicts with Carroll v. State, 412 So.2d 972 (Fla. 1st DCA 1982). Since our acceptance of jurisdiction in the present case on the basis of conflict, the First District, in an en banc opinion, has expressly receded...

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