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WOODS v. STATE

No. 76163.

575 So.2d 205 (1991)

Billy WOODS, et al., Petitioners, v. STATE of Florida, Respondent.

Supreme Court of Florida.

February 28, 1991.

Attorney(s) appearing for the Case

Flem K. Whited, III, Lambert, Whited & Toung, Daytona Beach, for petitioners.

Robert A. Butterworth, Atty. Gen. and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for respondent.

PER CURIAM.

We have for review Woods v. State, 561 So.2d 452 (Fla. 5th DCA 1990), based on express and direct conflict with Fieselman v. State, 566 So.2d 768 (Fla. 1990). Because the state has conceded that Fieselman "invalidates the district court decision," we quash the opinion below and remand for reconsideration.

It is so ordered.

SHAW, C.J., and OVERTON...

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