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STATE v. BARTEE

No. 76960.

623 So.2d 458 (1993)

STATE of Florida, Petitioner, v. David BARTEE, Respondent.

Supreme Court of Florida.

Rehearing Denied September 9, 1993.

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 Lawrence M. Korn, Asst. Public Defender, Tallahassee, for respondent.

KOGAN, Justice.

We have for review State v. Bartee, 568 So.2d 523 (Fla. 1st DCA 1990), in which the district court certified its decision as in direct conflict with State v. Perez, 592 So.2d 1099 (Fla. 3d DCA 1990), approved, 620 So.2d 1256 (Fla. 1993) and State v. Arnold, No. 89-1549 (Fla. 4th DCA Jan. 31, 1990), withdrawn,

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