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DAVIS v. STATE

No. SC04-568.

887 So.2d 1286 (2004)

Travis Terrell DAVIS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

November 18, 2004.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, Brynn Newton, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Kellie A. Nielan, Bureau Chief, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, FL, for Respondent.

WELLS, J.

We have for review Davis v. State, 868 So.2d 647 (Fla. 5th DCA 2004), which expressly and directly conflicts with the decision in McGuire v. State, 779 So.2d 571 (Fla. 2d DCA 2001). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

The Fifth District Court of Appeal recited the facts of this case in...

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