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MERRITT v. STATE

No. 90557.

712 So.2d 384 (1998)

Christopher MERRITT, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

May 28, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Stephanie H. Park, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Petitioner.

Robert A. Butterworth, Attorney General, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Respondent.

WELLS, Justice.

We have for review Merritt v. State, 691 So.2d 62 (Fla. 5th DCA 1997), which certified conflict with Fredericks v. State, 675 So.2d 989 (Fla. 1st DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash the decision of the Fifth District Court of Appeal in this case and approve the decision of the First District Court of Appeal in Fredericks...

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