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CALLIAR v. STATE

No. 93,592.

760 So.2d 885 (1999)

Daryell CALLIAR, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied April 12, 2000.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Mark E. Walker, by special designation, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Sherri Tolar Rollison and J. Ray Poole, Assistant Attorneys General, Tallahassee, Florida, for Respondent.

ANSTEAD, J.

This is a review of the district court's decision in Calliar v. State, 714 So.2d 1134 (Fla. 1st DCA 1998), based upon direct and express conflict with the decision in Hierro v. State, 608 So.2d 912 (Fla. 3d DCA 1992). We have jurisdiction. See Art. V, § 3(b)(3) of the Florida Constitution. For the following reasons, we quash the district court decision and approve...

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