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STATE v. McFADDEN

No. SC95614.

772 So.2d 1209 (2000)

STATE of Florida, Petitioner, v. Gregory McFADDEN, Respondent.

Supreme Court of Florida.

November 9, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Senior Assistant Attorney General, Bureau Chief, Criminal Section, and Linda S. Katz, Assistant Attorney General, Miami, Florida, for Petitioner.

Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, Eleventh Judicial Circuit, Miami, Florida, for Respondent.

PARIENTE, J.

We have for review McFadden v. State, 732 So.2d 412 (Fla. 3d DCA 1999), based on express and direct conflict with Barber v. State, 413 So.2d 482 (Fla. 2d DCA 1982), and Johnson v. State, 449 So.2d 921 (Fla. 1st DCA 1984). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We granted review to resolve the conflict...

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