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STATE v. TOOMBS

No. 80835.

620 So.2d 1233 (1993)

STATE of Florida, Petitioner, v. Leroy TOOMBS, Respondent.

Supreme Court of Florida.

June 24, 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, Second Judicial Circuit, Tallahassee, for respondent.

PER CURIAM.

We review Toombs v. State, 605 So.2d 952 (Fla. 1st DCA 1992), on the ground of conflict of decisions. Art. V, § 3(b)(3), Fla. Const. The decision of the district court of appeal is quashed on the authority of State v. Rucker, 613 So.2d 460 (Fla. 1993), and the case is remanded for proceedings consistent with Rucker.

It is so ordered.

BARKETT...

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