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STATE v. BETZ

No. SC01-319.

815 So.2d 627 (2002)

STATE of Florida, Petitioner, v. Kellen Lee BETZ, Respondent.

Supreme Court of Florida.

April 4, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, and Richard M. Fishkin, Assistant Attorney General, Tampa, FL, for Petitioner.

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Respondent.

LEWIS, J.

We have for review Betz v. State, 793 So.2d 976 (Fla. 2d DCA 2001), which expressly and directly conflicts with the decision of the Fifth District Court of Appeal in State v. Jarrett, 530 So.2d 1089 (Fla. 5th DCA 1988). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

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