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STATE v. KLAYMAN

No. SC00-1723.

835 So.2d 248 (2002)

STATE of Florida, Petitioner, v. David KLAYMAN, Respondent.

Supreme Court of Florida.

Rehearing Denied January 10, 2003.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Celia Terenzio, Bureau Chief, West Palm Beach, and August A. Bonavita, Assistant Attorney General, West Palm Beach, FL, for Petitioner.

R. Mitchell Prugh of Middleton & Prugh, P.A., Melrose, FL, for Respondent.

SHAW, J.

We have for review Klayman v. State, 765 So.2d 784 (Fla. 4th DCA 2000), wherein the district court certified the following question:

Should the supreme court's decision in Hayes v. State, [750 So.2d 1 (Fla.1999)] be retroactively applied?

Klayman, 765 So.2d at 785. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

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