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STATE v. SCARLET

No. SC00-2135.

800 So.2d 220 (2001)

STATE of Florida, Petitioner, v. Shelton SCARLET, Respondent.

Supreme Court of Florida.

November 1, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, Fort Lauderdale, FL, for Petitioner.

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Respondent.

PER CURIAM.

We have for review Scarlet v. State, 766 So.2d 1110 (Fla. 3d DCA 2000), which expressly and directly conflicts with Johnston v. State, 768 So.2d 504 (Fla. 4th DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

The issue presented in this case is whether, in light of the United States Supreme Court's decision in Pennsylvania Board...

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