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DANIELS v. STATE

No. 76717.

587 So.2d 460 (1991)

Clifford DANIELS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 10, 1991.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen. and Anne Y. Swing, Asst. Atty. Gen., Tampa, for respondent.

McDONALD, Justice.

We review Daniels v. State, 570 So.2d 319 (Fla. 2d DCA 1990), because of conflict with Green v. State, 414 So.2d 1171 (Fla. 5th DCA), review denied, 422 So.2d 842 (Fla. 1982). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution, and approve Daniels.

In November 1985...

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