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STATE v. RODRIGUEZ

No. SC04-390.

920 So.2d 624 (2005)

STATE of Florida, Appellant, v. Alberto RODRIGUEZ, Appellee.

Supreme Court of Florida.

June 23, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Richard L. Polin, Bureau Chief, Criminal Appeals, Miami, FL, and Barbara A. Zappi, Assistant Attorney General, Fort Lauderdale, FL, for Appellant.

Bennett H. Brummer, Public Defender and Robert Godfrey, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Appellee.

WELLS, J.

We have on appeal a decision of the Third District Court of Appeal declaring invalid a state statute. Rodriguez v. State, 906 So.2d 1082 (Fla. 3d DCA 2004). Rodriguez also expressly and directly conflicts with the decision in Sult v. State, 839 So.2d 798 (Fla. 2d DCA 2003). We have jurisdiction. See art. V, § 3(b)(1), (3), Fla. Const.

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