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STATE v. MAYNARD

No. SC95782.

783 So.2d 226 (2001)

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

Supreme Court of Florida.

March 29, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, and Diana K. Bock, Assistant Attorney General, Tampa, FL, for Petitioner.

Charles H. Holloway, Clearwater, FL, for Respondent.

James T. Miller, Jacksonville, FL, for the Florida Association of Criminal Defense Lawyers (FACDL), Amicus Curiae.

HARDING, J.

We have for review the opinion in Maynard v. State, 742 So.2d 315 (Fla. 2d DCA 1999), which certified conflict with the opinion in Foy v. State, 717 So.2d 184 (Fla. 5th DCA 1998). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. For the reasons expressed below, we quash the decision in Maynard.

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