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STATE v. SMITH

No. SC01-1456.

840 So.2d 987 (2003)

STATE of Florida, Petitioner, v. Lorenzo SMITH, Respondent.

Supreme Court of Florida.

February 6, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Mary G. Jolley and Kellie A. Nielan, Assistant Attorneys General, Daytona Beach, for Petitioner.

James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Respondent.

WELLS, J.

We have for review Smith v. State, 785 So.2d 623, 625-26 (Fla. 5th DCA 2001), which expressly and directly conflicts with the decision in Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons that follow, we quash the decision below in part and direct that respondent's false imprisonment...

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