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DAVIS v. STATE

No. 76786.

581 So.2d 586 (1991)

Lee Curtis DAVIS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 3, 1991.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Andrea Norgard, 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 accepted review of Davis v. State, 567 So.2d 25 (Fla. 2d DCA 1990), because of asserted conflict with Penny v. State, 140 Fla. 155, 191 So. 190 (1939). Davis also conflicts with our decision in Gould v. State, 577 So.2d 1302 (Fla. 1991). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and quash Davis.

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