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STATE v. SMITH

No. 80908.

616 So.2d 52 (1993)

STATE of Florida, Petitioner, v. Kelvin SMITH, Respondent.

Supreme Court of Florida.

April 8, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and James W. Rogers, Bureau Chief — Criminal Appeals, and Joe S. Garwood, Asst. Atty. Gen., Tallahassee, for petitioner.

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

SHAW, Justice.

We have for review Smith v. State, 608 So.2d 567 (Fla. 1st DCA 1992), wherein the court certified a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have since answered the question in State v. Rucker, 613 So.2d 460 (Fla. 1993). We quash Smith and remand for proceedings consistent with Rucker.

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