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STATE v. MOTT

No. 67278.

488 So.2d 535 (1986)

STATE of Florida, Petitioner, v. Theodore J. MOTT, Respondent.

Supreme Court of Florida.

May 22, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender and Nancye R. Crouch, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent.

PER CURIAM.

We granted review of Mott v. State, 469 So.2d 946 (Fla. 5th DCA 1985), because of direct and express conflict with State v. Jackson, 478 So.2d 1054 (Fla. 1985). Art. V, § 3(b)(3), Fla. Const.

We quash the decision below and remand for proceedings consistent with Jackson.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON and McDONALD...

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