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BOLER v. STATE

Nos. 93-1622, 93-2092.

654 So.2d 603 (1995)

Afghari BOLER, Appellant, v. STATE of Florida, Appellee. Sonny Boy OATS, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 26, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellant in No. 93-1622.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee in No. 93-1622.

James B. Gibson, Public Defender, and Sean K. Ahmed, Asst. Public Defender, Daytona Beach, for appellant in No. 93-2092.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee in No. 93-2092.

PER CURIAM.

Because of the common issue in these cases, which we elect to pass through to the supreme court pursuant to the provisions of Art. V, § 3(b)(4), Fla. Const., we have consolidated for the purpose of this opinion the cases of Afghari Boler v. State and Sonny Boy Oats, III v. State, in which the panels have reached a conflicting result on the same issue of law. We, as a court, are unable to resolve the conflict. Indeed, en banc proved...

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