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STATE v. EVANS

No. 88451.

692 So.2d 157 (1997)

STATE of Florida, Petitioner, v. Eugene EVANS, Respondent.

Supreme Court of Florida.

April 10, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals and Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for Petitioner.

Nancy A. Daniels, Public Defender and Jamie Spivey, Assistant Public Defender, Second Judicial Circuit, Tallahassee, for Respondent.

PER CURIAM.

We granted review of Evans v. State, 21 Fla. L. Weekly D1444, ___ So.2d ___ [1996 WL 332340] (Fla. 1st DCA June 18, 1996), based on express and direct conflict with San Martin v. State, 591 So.2d 301 (Fla. 2d DCA 1991). However, after closer examination of the two cases, we have determined that there is no express and direct conflict.1 Jurisdiction was therefore improvidently...

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