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STATE v. PHANEUF

No. 85921.

665 So.2d 1057 (1996)

STATE of Florida, Petitioner, v. Roy PHANEUF, Respondent.

Supreme Court of Florida.

January 4, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Petitioner.

James B. Gibson, Public Defender and Brynn Newton, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Respondent.

SHAW, Justice.

We have for review Phaneuf v. State, 655 So.2d 1300 (Fla. 5th DCA 1995), based on conflict with State v. Blackwell, 661 So.2d 282 (Fla. 1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash Phaneuf and remand for proceedings consistent with Blackwell.

It is so ordered.

GRIMES, C.J., and OVERTON, KOGAN, HARDING, WELLS...

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