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STATE v. FUNDORA

No. 70150.

513 So.2d 122 (1987)

STATE of Florida, Petitioner, v. Gerardo FUNDORA, Respondent.

Supreme Court of Florida.

September 24, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., Miami, for petitioner.

Michael E. Allen, Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

EHRLICH, Justice.

We have for review Fundora v. State, 508 So.2d 1250 (Fla. 3d DCA 1987), because of conflict with our recent decision in State v. Ginebra, 511 So.2d 960 (Fla. 1987). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and quash the decision below.

Relying on its decisions in Ginebra v. State, 498 So.2d 467

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