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TARPLEY v. STATE

No. 98-2140.

742 So.2d 503 (1999)

James TARPLEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 13, 1999.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Robert Godfrey, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and M. Rebecca Springer, Assistant Attorney General (Fort Lauderdale), for appellee.

Before SCHWARTZ, C.J., and NESBITT and SORONDO, JJ.

PER CURIAM.

We hold that there was no trial error below and, once again, that the Gort Act is constitutional. Higgs v. State, 695 So.2d 872 (Fla. 3d DCA 1997). The latter holding is in conflict with Thompson v. State, 708 So.2d 315 (Fla. 2nd DCA 1998), review granted, 717 So.2d 538 (Fla.1998).

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