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STATE v. GIBSON

No. 77059.

585 So.2d 285 (1991)

STATE of Florida, Petitioner, v. Lester Lewis GIBSON, Respondent.

Supreme Court of Florida.

September 19, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief-Criminal Appeals, and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for petitioner.

Nancy A. Daniels, Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

PER CURIAM.

We have for review Gibson v. State, 568 So.2d 977 (Fla. 1st DCA 1990), based on express and direct conflict with State v. Smith, 573 So.2d 306 (Fla. 1990). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The opinion below is quashed, and this cause is remanded for reconsideration in light of Smith. The other issue raised by the parties is beyond the scope...

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