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MYERS v. STATE

No. SC00-98.

767 So.2d 441 (2000)

David MYERS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

August 24, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Jane C. Almy-Loewinger, Assistant Attorney General, Daytona Beach, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, Florida, for Respondent.

PER CURIAM.

We have for review the decision in Myers v. State, 747 So.2d 1049 (Fla. 5th DCA 2000), in which the Fifth District certified conflict with State v. Wise, 744 So.2d 1035 (Fla. 4th DCA 1999), and State v. Cotton, 728 So.2d 251 (Fla. 2d DCA 1998). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

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