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SIMMONS v. STATE

No. SC03-2093.

887 So.2d 1283 (2004)

Eddie SIMMONS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

November 18, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Roy A. Heimlich, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Richard L. Polin, Senior Assistant Attorney General, Miami, Florida, and Barbara A. Zappi, Assistant Attorney General, Fort Lauderdale, FL, for Respondent.

PER CURIAM.

We have for review the decision in State v. Simmons, 887 So.2d 355 (Fla. 3d DCA 2003), which certified conflict with the decision in McCray v. State, 730 So.2d 817 (Fla. 2d DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed below, we quash the Third District's decision and instruct the district court to remand this...

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