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SIRMONS v. STATE

No. 90-03713.

595 So.2d 582 (1992)

Cornelius C. SIRMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 25, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Faffel, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. See Davis v. State, 528 So.2d 521 (Fla. 2d DCA), review denied, 536 So.2d 243 (Fla. 1988). We recognize that our decision in Davis is in conflict with Lang v. State, 566 So.2d 1354 (Fla. 5th DCA 1990).

DANAHY, A.C.J., and PATTERSON, J., concur.

PARKER, J., concurs specially.

PARKER, Judge, concurring specially.

I...

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