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CARTER v. STATE

No. SC95836.

778 So.2d 972 (2001)

Maurice Chevelle CARTER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

January 25, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle R. Hitchens, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Petitioner.

Robert A. Butterworth, Attorney General, and Belle B. Schumann, Kristen L. Davenport and Kellie A. Nielan, Assistant Attorneys General, Daytona Beach, FL, for Respondent.

LEWIS, J.

We have for review Carter v. State, 730 So.2d 1292 (Fla. 5th DCA 1999), which expressly and directly conflicts with the opinion in State v. Cotton, 728 So.2d 251 (Fla. 2d DCA 1998), quashed, 769 So.2d 345 (Fla.2000). We have jurisdiction. See Art. V, § 3(b)(3), Fla. Const.

Carter was sentenced to fifteen years...

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