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FRANQUIZ v. STATE

Nos. 85960, 86558.

682 So.2d 536 (1996)

Henry FRANQUIZ, Petitioner, v. STATE of Florida, Respondent. Alberto DELGADILLO, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 10, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Julie M. Levitt, Assistant Public Defender, Eleventh Judicial Circuit, Miami, on behalf of Franquiz; and Bruce A. Alter, Miami, on behalf of Delgadillo, for Petitioners.

Robert A. Butterworth, Attorney General; and Mark C. Katzef and Michael J. Neimand, Assistant Attorneys General, Miami, for Respondent.

WELLS, Justice.

We granted review of State v. Franquiz, 654 So.2d 1068 (Fla. 3d DCA 1995), and State v. Delgadillo, 659 So.2d 1264 (Fla. 3d DCA 1995), and consolidated those cases, which the Third District Court of Appeal certified to be in conflict with Schiffer v. State, 617 So.2d 357 (Fla. 4th DCA 1993), State v. Hogan,

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