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STATE v. NORRIS

No. SC96401.

768 So.2d 1070 (2000)

STATE of Florida, Petitioner, v. James J. NORRIS, Jr., et al., Respondents.

Supreme Court of Florida.

September 28, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Belle B. Schumann, Assistant Attorney General, for Petitioner.

Howard H. Babb, Public Defender, and Elizabeth Osmond, Assistant Public Defender, Fifth Judicial Circuit, Brooksville, Florida; and A.R. Mander, III of Murphy, Dwyer & Morris, Dade City, Florida, on behalf of Hon. Peyton Hyslop, for Respondents.

Nancy A. Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for the Florida Public Defender Association, Amicus Curiae.

WELLS, C.J.

We have for review Norris v. State, 737 So.2d 1240 (Fla. 5th DCA 1999), which expressly and directly conflicts with the opinion in McCoy v. State, 702 So.2d 252 (Fla. 3d DCA 1997). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

The relevant facts of this case as set forth in the Fifth District...

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