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BROWN v. STATE

No. 66390.

475 So.2d 1243 (1985)

Larry Donnell BROWN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

September 19, 1985.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Jim Smith, Atty. Gen. and Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for respondent.

EHRLICH, Justice.

We have for review Brown v. State, 460 So.2d 546 (Fla. 1st DCA 1984), which directly conflicts with Whitehead v. State, 450 So.2d 545 (Fla. 3d DCA 1984). Art. V, § 3(b)(3), Fla. Const. On the authority of State v. Whitehead, 472 So.2d 730 (Fla. 1985), we approve the decision below.

It is so ordered.

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