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SMITH v. STATE

No. 63021.

450 So.2d 480 (1984)

Michael Ray SMITH, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

May 10, 1984.

Attorney(s) appearing for the Case

Frank J. Tassone, Jr., Jacksonville, for petitioner.

Jim Smith, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., Tallahassee, for respondent.

ADKINS, Justice.

We have for review Smith v. State, 422 So.2d 1065 (Fla. 1st DCA 1982), which expressly and directly conflicts with State v. Doherty, 240 So.2d 332 (Fla. 4th DCA 1970). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.

We approve and adopt the opinion of the First District Court of Appeal in Smith v. State. We disapprove...

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