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MAYS v. STATE

No. 90826.

717 So.2d 515 (1998)

Albert L. MAYS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied September 9, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, Rebecca M. Becker and Michael S. Becker, Assistant Public Defenders, Seventh Judicial Circuit, Daytona Beach, for Petitioner.

Robert A. Butterworth, Attorney General, and Robin A. Compton and Jennifer Meek, Assistant Attorneys General, Daytona Beach, for Respondent.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for The Florida Public Defender's Association, Amicus Curiae.

SHAW, Justice.

We have for review Mays v. State, 693 So.2d 52 (Fla. 5th DCA 1997), based on conflict with Myers v. State, 696 So.2d 893 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the result in Mays as explained herein.

Albert Mays argued with a stranger on January 20, 1996, pulled a knife on him, and threatened to kill...

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