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STATE v. HATTEN

No. 74169.

560 So.2d 1172 (1990)

STATE of Florida, Petitioner, v. Jimmie Duran HATTEN, Respondent.

Supreme Court of Florida.

May 10, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for petitioner.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for respondent.

BARKETT, Justice.

We have for review Hatten v. State, 542 So.2d 1061 (Fla. 2d DCA 1989), due to asserted conflict with Smith v. State, 430 So.2d 448 (Fla. 1983). We grant review pursuant to article V, section 3(b)(3) of the Florida Constitution, and approve the decision of the district court for the reasons stated in State v. Burton, 555 So.2d 1210

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