CAPUZZO v. STATE

No. 78379.

596 So.2d 438 (1992)

Joseph Frederick CAPUZZO, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

March 12, 1992.


Attorney(s) appearing for the Case

Mitchell T. McRae of Mitchell T. McRae, P.A., Boca Raton, for petitioner.

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


McDONALD, Justice.

We review Capuzzo v. State, 578 So.2d 328 (Fla. 5th DCA 1991), which is in direct and express conflict with Wagner v. State, 519 So.2d 751 (Fla. 4th DCA 1988), and Quarterman v. State, 506 So.2d 50 (Fla. 2d DCA 1987), approved on other grounds, 527 So.2d 1380 (Fla. 1988).

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