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STATE v. KERKLIN

No. 74811.

566 So.2d 513 (1990)

STATE of Florida, Petitioner, v. James KERKLIN, Respondent.

Supreme Court of Florida.

September 13, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Peggy A. Quince, Asst. Atty. Gen., Tampa, for petitioner.

James Marion Moorman, Public Defender, and Andrea Norgard, Asst. Public Defender, Bartow, for respondent.

BARKETT, Justice.

We have for review Kerklin v. State, 548 So.2d 689 (Fla. 2d DCA 1989), which is in express and direct conflict with the Fifth District Court's decision of Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988), approved in part, 545 So.2d 851 (Fla. 1989), disapproved in part...

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