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BARBER v. STATE

Nos. SC01-1006, SC01-1007.

829 So.2d 900 (2002)

Ann Elliot BARBER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 10, 2002.

Attorney(s) appearing for the Case

Robert R. Berry and Gregory W. Eisenmenger of Eisenmenger & Berry, P.A., Melbourne, FL, for Petitioner.

Robert A. Butterworth, Attorney General, and Pamela J. Koller and Ann M. Phillips, Assistant Attorneys General, Daytona Beach, FL, for Respondent.

PER CURIAM.

We initially accepted jurisdiction to review Barber v. State, 781 So.2d 425 (Fla. 5th DCA 2001), and State v. Barber, 783 So.2d 293 (Fla. 5th DCA 2001), based on misapplication of this Court's opinion in State v. Norris, 168 So.2d 541, 543 (Fla. 1964), and express and direct conflict with Smith v. State,

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