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STATE v. SMITH

No. 73822.

573 So.2d 306 (1990)

STATE of Florida, Petitioner/Cross-Respondent, v. Roland SMITH, Respondent/Cross-Petitioner.

Supreme Court of Florida.

Rehearing Denied February 12, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for petitioner/cross-respondent.

James Marion Moorman, Public Defender and Deborah K. Brueckheimer, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for respondent/cross-petitioner.

PER CURIAM.

We review Smith v. State, 539 So.2d 514 (Fla. 2d DCA 1989), in which the Second District Court of Appeal reversed Smith's conviction and certified two questions as being of great public importance.1 For the reasons stated below, we approve the district court's decision ordering a new trial, but we quash the opinion and remand for proceedings consistent with this opinion.

Smith...

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