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STATE v. BROWN

No. 66140.

476 So.2d 660 (1985)

STATE of Florida, Petitioner, v. Samuel L. BROWN, Respondent.

Supreme Court of Florida.

September 26, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender and Daniel J. Schafer, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent.

EHRLICH, Justice.

This case is before us for review of Brown v. State, 458 So.2d 313 (Fla. 5th DCA 1984). There is apparent conflict with State v. Gibson, 452 So.2d 553 (Fla. 1984), which is the reason we originally took jurisdiction. Art. V, § 3(b)(3), Fla. Const. Upon further analysis, as discussed infra, we conclude that the apparent conflict arises in statutory construction...

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