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STATE v. MALONE

No. 78948.

595 So.2d 47 (1992)

STATE of Florida, Petitioner, v. Malcolm Xavier MALONE, Respondent.

Supreme Court of Florida.

March 19, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for petitioner.

Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for respondent.

OVERTON, Judge.

We quash the decision of the district court in Malone v. State, 588 So.2d 674 (Fla. 1st DCA 1991), on the authority of State v. Barnes, 595 So.2d 22 (Fla. 1992),1 and remand this cause for further proceedings consistent with our decision in Barnes.

It is so ordered.

SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN...

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