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NELSON v. STATE

No. SC02-1418.

875 So.2d 579 (2004)

Paul Michael NELSON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

June 3, 2004.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, and Angela D. McCravy and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, FL, for Respondent.

WELLS, J.

We have for review Nelson v. State, 816 So.2d 694 (Fla. 5th DCA 2002), which expressly and directly conflicts with the decision in Odom v. State, 770 So.2d 195 (Fla. 2d DCA 2000). We have jurisdiction. See art. V,§ 3(b)(3), Fla. Const.

FACTS

Petitioner Paul Michael Nelson (Nelson) was convicted of...

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