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TRAYLOR v. STATE

No. SC93062.

785 So.2d 1179 (2000)

Oscar TRAYLOR, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied and Opinion Modified May 17, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Special Assistant Public Defender, Eleventh Judicial Circuit, Miami, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, Miami, Florida, for Respondent.

WELLS, J.

We have for review Traylor v. State, 710 So.2d 172 (Fla. 3d DCA 1998), which expressly and directly conflicts with the opinion in Gonzalez v. State, 585 So.2d 932 (Fla.1991). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

The events in this case began in 1988 when Traylor was convicted of attempted sexual battery with a deadly weapon,

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