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STATE v. SMITH

Nos. 72633, 72850.

547 So.2d 613 (1989)

STATE of Florida, Petitioner, v. Ben SMITH, Jr., et al., Respondents. STATE of Florida, Petitioner, v. Bruce Edward GORDON, Respondent.

Supreme Court of Florida.

Rehearing Denied September 11, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Celia A. Terenzio and Diane E. Leeds, Asst. Attys. Gen., West Palm Beach, for petitioner in No. 72633.

Richard L. Jorandby, Public Defender, and Gary Caldwell, Asst. Public Defender, West Palm Beach, for respondents in No. 72633.

Robert A. Butterworth, Atty. Gen., and Robert J. Landry, Asst. Atty. Gen., Tampa, for petitioner in No. 72850.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for respondent in No. 72850.

PER CURIAM.

We review Gordon v. State, 528 So.2d 910 (Fla. 2d DCA 1988), and Smith v. State, 524 So.2d 461 (Fla. 4th DCA 1988), to answer a certified question of great public importance and to resolve direct and express conflict with decisions of this Court. We have jurisdiction. Art. V, § 3(b)(3) and (4), Fla. Const.

The issue presented is whether the legislature intended...

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