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BRIM v. STATE

No. 85596.

695 So.2d 268 (1997)

Robert James BRIM, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied June 5, 1997.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Jennifer Y. Fogle, Assistant Public Defender, Tenth Judicial Circuit, Bartow, for Petitioner.

Robert A. Butterworth, Attorney General; Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Respondent.

REVISED OPINION

OVERTON, Justice.

We have for review Brim v. State, 654 So.2d 184 (Fla.2d DCA 1995). The Second District Court of Appeal certified that its decision conflicts with the First District Court of Appeal's decision in Vargas v. State, 640 So.2d 1139 (Fla. 1st DCA 1994), quashed on other grounds, 667 So.2d 175...

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