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SCOGGINS v. STATE

No. 90,627.

726 So.2d 762 (1999)

James SCOGGINS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

January 21, 1999.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Christine Sciarrino and Peggy Natale, Assistant Public Defenders, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, and Celia Terenzio and Ettie Feistmann, Assistant Attorneys General, West Palm Beach, Florida, for Respondent.

ANSTEAD, J.

We have for review Scoggins v. State, 691 So.2d 1185 (Fla. 4th DCA 1997), which expressly and directly conflicts with the decision in Rodriguez v. State, 559 So.2d 678 (Fla. 3d DCA 1990). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. For the reasons expressed, we approve the opinion below.

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