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STATE v. HUBBARD

No. 94,116.

751 So.2d 552 (1999)

STATE of Florida, Petitioner, v. Frederick Van HUBBARD, Respondent.

Supreme Court of Florida.

December 16, 1999.

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, Florida, for Petitioner.

Robert R. Kimmel of Law Offices of Kimmel & Batson, Chartered, Pensacola, Florida, for Respondent.

LEWIS, J.

We have for review Hubbard v. State, 748 So.2d 288 (Fla. 1st DCA 1998), based upon certified conflict with Melvin v. State, 677 So.2d 1317 (Fla. 4th DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed below, we approve Hubbard in part and quash it in part, approve Melvin under the reasoning expressed herein, and remand...

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