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STOCKTON v. STATE

No. 72921.

544 So.2d 1006 (1989)

Charles STOCKTON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

May 25, 1989.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and William A. Hatch, Asst. Atty. Gen., Tallahassee, for respondent.

KOGAN, Justice.

We have for review Stockton v. State, 529 So.2d 739 (Fla. 1st DCA 1988), based on certified conflict with Hedges v. State, 172 So.2d 824 (Fla. 1965), and its progeny. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash the decision of the First District Court of Appeal and remand this case for further proceedings consistent with this opinion.

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