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STATE v. GAINES

No. 80855.

625 So.2d 471 (1993)

STATE of Florida, Petitioner, v. Bruce A. GAINES, Respondent.

Supreme Court of Florida.

October 7, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief — Crim. Appeals and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for petitioner.

Nancy A. Daniels, Public Defender and John R. Dixon, Asst. Public Defender, Tallahassee, for respondent.

PER CURIAM.

We review Gaines v. State, 605 So.2d 1030 (Fla. 1st DCA 1992), on the ground of conflict of decisions. Art. V, § 3(b)(3), Fla. Const. The decision under review is quashed on the authority of State v. Rucker, 613 So.2d 460 (Fla. 1993), and the case is remanded for proceedings consistent with our opinion in Rucker.

It is so ordered.

BARKETT,...

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