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PAYTON v. STATE

No. 93,653.

732 So.2d 1044 (1999)

Bruce E. PAYTON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

February 25, 1999.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, Robert J. Krauss, Tampa Bureau Chief, Criminal Appeals, and Johnny T. Salgado, Assistant Attorney General, Tampa, Florida, for Respondent.

HARDING, C.J.

We have for review the decision in Payton v. State, 23 Fla. L. Weekly D1817, 732 So.2d 1086 (Fla. 2d DCA 1998), which the district court certified to be in conflict with the opinions in Waite v. City of Fort Lauderdale, 681 So.2d 901 (Fla. 4th DCA 1996), and Schultz v. State, 700 So.2d 56 (Fla. 4th DCA 1997), approved,

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