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FERGUSON v. STATE

No. 74908.

566 So.2d 255 (1990)

Robert Ray FERGUSON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

September 6, 1990.

Attorney(s) appearing for the Case

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

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

BARKETT, Judge.

We have for review Ferguson v. State, 548 So.2d 1183 (Fla. 5th DCA 1989), which is in express and direct conflict with the Second District Court of Appeal's decision in Crigler v. State, 526 So.2d 176 (Fla. 2d DCA 1988). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.

The issue here was resolved adversely to the state...

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