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TAYLOR v. STATE

No. 79095.

608 So.2d 804 (1992)

Lawrence TAYLOR, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

November 12, 1992.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Lynn A. Williams, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen. and Laura Rush, Asst. Atty. Gen., Tallahassee, for respondent.

GRIMES, Justice.

We review Taylor v. State, 589 So.2d 997 (Fla. 1st DCA 1991), because of its conflict with Gould v. State, 577 So.2d 1302 (Fla. 1991). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution.

Taylor entered a Baskin-Robbins store in Jacksonville and ordered a cup of ice cream. After the employee, Kimberly Smith, rang up his order...

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