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LEE v. STATE

No. 91061.

713 So.2d 1003 (1998)

Timothy LEE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 9, 1998.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, 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 William I. Munsey, Jr., Assistant Attorney General, Tampa, for Respondent.

SHAW, Justice.

We have for review Lee v. State, 695 So.2d 1314 (Fla. 2d DCA 1997), based on conflict with Brower v. State, 684 So.2d 1378 (Fla. 4th DCA 1996), quashed, 713 So.2d 1005 (Fla.1998). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the result in Lee as explained below.

Timothy Lee was charged...

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