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McMILLON v. STATE

No. SC99-201.

813 So.2d 56 (2002)

Terry McMILLON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

February 28, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Petitioner.

Robert A. Butterworth, Attorney General, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, FL, for Respondent.

QUINCE, J.

We have for review McMillon v. State, 745 So.2d 566 (Fla. 5th DCA 1999), which cited to a case which was accepted for review by this Court, Scott v. State, 722 So.2d 256 (Fla. 5th DCA 1998), review granted, 729 So.2d 394 (Fla.1999). We have jurisdiction. See Art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418

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