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ASHLEY v. STATE

No. SC00-2586.

850 So.2d 1265 (2003)

Columbus Rickey ASHLEY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

January 9, 2003.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Paula S. Saunders, Assistant Public Defender, Second Judicial Circuit, Tallahassee, for Petitioner.

Charlie Crist, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Respondent.

QUINCE, J.

We have for review Ashley v. State, 772 So.2d 42 (Fla. 1st DCA 2000), which expressly and directly conflicts with the decision in Evans v. State, 675 So.2d 1012 (Fla. 4th DCA 1996). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons expressed below, we approve the decision in Evans and...

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