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JOHNSON v. FEDER

No. 66554.

485 So.2d 409 (1986)

Eugene JOHNSON, Petitioner, v. Richard Yale FEDER, Circuit Judge, Eleventh Judicial Circuit, Dade County, Florida, Respondent.

Supreme Court of Florida.

March 20, 1986.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Marti Rothenberg, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for petitioner.

Jim Smith, Atty. Gen., and Randi Klayman Lazarus, Asst. Atty. Gen., Miami, for respondent.

BARKETT, Justice.

This cause is before the Court on petition for review because the decision below, Johnson v. Feder, 463 So.2d 431 (Fla. 3d DCA 1985), conflicts with McShay v. State, 447 So.2d 444 (Fla. 2d DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash the decision below and adopt the holding of the Second District in McShay.

Petitioner...

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