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STATE v. WARREN

No. 74212.

559 So.2d 1139 (1990)

STATE of Florida, Petitioner, v. Sylvester Mann WARREN, Respondent.

Supreme Court of Florida.

May 3, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., Miami, for petitioner.

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, Miami, for respondent.

BARKETT, Justice.

We have for review Warren v. State, 542 So.2d 429 (Fla. 3d DCA 1989). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution, because the Third District Court in Cole v. State, 550 So.2d 1129 (Fla. 3d DCA 1989), review granted, No. 74,299 (Fla. Jan. 16, 1990), certified a conflict between its opinions in Cole and

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