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ERVIN v. STATE

No. SC97135.

778 So.2d 993 (2001)

Stephen ERVIN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

February 8, 2001.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Attorney General, and Kellie A. Nielan and Wesley Heidt, Assistant Attorneys General, Daytona Beach, FL, for Respondent.

PARIENTE, J.

We have for review the per curiam opinion of Ervin v. State, 742 So.2d 863 (Fla. 5th DCA 1999), in which the Fifth District Court of Appeal cited as controlling authority its opinions in Maddox v. State, 708 So.2d 617 (Fla. 5th DCA 1998), approved in part, disapproved in part, 760 So.2d 89 (Fla.2000), and Thogode v. State...

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