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PENDER v. STATE

No. 89619.

700 So.2d 664 (1997)

Kevin Walter PENDER, et al., Petitioners, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 9, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, Noel Pelella, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Petitioners.

Robert A. Butterworth, Attorney General, Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Respondent.

KOGAN, Chief Justice.

We have for review Pender v. State, 682 So.2d 1161 (Fla. 5th DCA 1996), wherein the district court of appeal created express and direct conflict by misapplying this Court's decision in State v. Schopp, 653 So.2d 1016 (Fla.1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Although we find the district court misapplied Schopp, we approve...

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