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STATE v. JOHNSON

No. 71193.

522 So.2d 831 (1988)

STATE of Florida, Petitioner, v. Timothy Lee JOHNSON, Respondent.

Supreme Court of Florida.

March 31, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Sean Daly, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent.

OVERTON, Justice.

In accordance with our decision in State v. Van Kooten, 522 So.2d 830 (Fla. 1988), we approve the decision of the Fifth District Court of Appeal in Johnson v. State, 511 So.2d 748 (Fla. 5th DCA 1987).*

It is so ordered.

McDONALD, C.J., and EHRLICH, SHAW, BARKETT and KOGAN...

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