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BEBER v. STATE

No. SC03-1765.

887 So.2d 1248 (2004)

Rick BEBER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

November 10, 2004.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, Dee Ball and Nancy Ryan, Assistant Public Defender's, Seventh Judicial Circuit, Daytona Beach, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Robin A. Compton and Kellie A. Nielan, Assistant Attorney General's, Daytona Beach, FL, for Respondent.

QUINCE, J.

We have for review Beber v. State, 853 So.2d 576 (Fla. 5th DCA 2003), based on express and direct conflict with our decision in State v. Green, 667 So.2d 756 (Fla.1995), and State v. Moore, 485 So.2d 1279 (Fla.1986). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons expressed below, we quash...

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