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POPE v. STATE

No. 74163.

561 So.2d 554 (1990)

Daniel Joseph POPE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied June 27, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, James R. Wulchak, Chief, Appellate Div., and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Kellie A. Nielan and Bonnie Jean Parrish, Asst. Attys. Gen., Daytona Beach, for respondent.

CORRECTED OPINION

BARKETT, Justice.

We have for review Pope v. State, 542 So.2d 423 (Fla. 5th DCA 1989), based upon express and direct conflict with Crigler v. State, 526 So.2d 176 (Fla. 2d DCA 1988), and numerous other decisions of the district courts.1 We quash the district court's decision in Pope and approve the decision in Crigler...

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