HEUSS v. STATE

No. 86544.

687 So.2d 823 (1996)

James HEUSS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied February 11, 1997.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Ian Seldin, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for Petitioner.

Robert A. Butterworth, Attorney General; and Georgina Jimenez-Orosa, Bureau Chief, Senior Assistant Attorney General, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for Respondent.


GRIMES, Justice.

We have for review Heuss v. State, 660 So.2d 1052 (Fla. 4th DCA 1995), which expressly and directly conflicts with the opinions in Johnson v. State, 595 So.2d 132 (Fla. 1st DCA), review denied, 601 So.2d 553 (Fla. 1992), Perkins v. State, 585 So.2d 390 (Fla. 1st DCA 1991), and Taylor v. State,

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