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SCHMIEL v. STATE

No. 93,428.

727 So.2d 257 (1999)

Anthony SCHMIEL, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

February 11, 1999.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, and Robin A. Compton, Assistant Attorney General, Daytona Beach, Florida, for Respondent.

PER CURIAM.

We have for review the opinion in Schmiel v. State, 710 So.2d 1388 (Fla. 5th DCA 1998), which certified conflict with the opinion in Galloway v. State, 680 So.2d 616 (Fla. 4th DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We recently approved the decision in Galloway in White v. State, 714 So.2d 440

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