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STATE v. DUPREE

No. 84106.

656 So.2d 430 (1995)

STATE of Florida, Petitioner, v. Lark O'Sean DUPREE, Respondent.

Supreme Court of Florida.

Rehearing Denied June 23, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., James W. Rogers, Sr. Asst. Atty. Gen. and A. Jay Plotkin, Asst. State Atty., Jacksonville, for petitioner.

Nancy A. Daniels, Public Defender and David P. Gauldin, Asst. Public Defender, Tallahassee, for respondent.

WELLS, Justice.

We have for review Dupree v. State, 639 So.2d 125 (Fla. 1st DCA 1994), which expressly and directly conflicts with the opinion in Russell v. State, 572 So.2d 940 (Fla. 5th DCA 1990). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the district court's decision in Dupree and disapprove the decision of the Russell court to the extent...

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