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STATE v. SIMS

No. 91073.

720 So.2d 213 (1998)

STATE of Florida, Petitioner, v. Forrestine SIMS, Respondent.

Supreme Court of Florida.

October 15, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Stephen R. White, Assistant Attorney General, Tallahassee, for Petitioner.

Thomas G. Fallis, Jacksonville, for Respondent.

Prior report: Fla., 701 So.2d 868.

SHAW, Justice.

We have for review a decision1 of the district court that cited as controlling authority State v. Ellis, 22 Fla. L. Weekly D1298, ___ So.2d ___, 1997 WL 268503 (Fla. 1st DCA May 22, 1997), which was then pending on review in this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla...

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