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STOLETZ v. STATE

No. SC03-168.

875 So.2d 572 (2004)

Nicole STOLETZ, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

May 20, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Robert J. Krauss, Chief Assistant Attorney General, Bureau Chief, Tampa Criminal Appeals, and Richard M. Fishkin, Assistant Attorney General, Tampa, FL, for Respondent.

QUINCE, J.

We have for review Stoletz v. State, 842 So.2d 866 (Fla. 2d DCA 2003), which expressly and directly conflicts with the decision in Whipple v. State, 789 So.2d 1132 (Fla. 4th DCA 2001). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons more fully discussed below, we approve the decision of the Second District Court of Appeal which affirmed...

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