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STATE v. DIAZ

No. SC01-2779.

850 So.2d 435 (2003)

STATE of Florida, Petitioner, v. Johnny DIAZ, Respondent.

Supreme Court of Florida.

Rehearing Denied July 15, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, and Susan D. Dunlevy, Assistant Attorney General, Tampa, Florida, for Petitioner.

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Respondent.

LEWIS, J.

We have for review the decision in Diaz v. State, 800 So.2d 326 (Fla. 2d DCA 2001), which certified conflict with the decisions in State v. Wikso, 738 So.2d 390 (Fla. 4th DCA 1999), and State v. Bass, 609 So.2d 151 (Fla. 5th DCA 1992). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Because the law enforcement...

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