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STATE v. SOUSA

No. SC03-2128.

903 So.2d 923 (2005)

STATE of Florida, Petitioner, v. Adam SOUSA, Respondent.

Supreme Court of Florida.

May 26, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Robert J. Krauss, Chief-Assistant Attorney General, Tampa Criminal Appeals, John M. Klawikofsky and C. Suzanne Bechard, Assistant Attorneys General, Tampa, FL, for Petitioner.

James Marion Moorman, Public Defender, Tenth Judicial Circuit, Bruno DeZayas, Special Assistant Public Defender and Terry P. Roberts of Harbsmeier, DeZayas, Appel and Harden, LLP, Lakeland, FL, for Respondent.

WELLS, J.

We have for review Sousa v. State, 868 So.2d 538 (Fla. 2d DCA 2003), which expressly and directly conflicts with the decision in State v. Christian, 692 So.2d 889 (Fla.1997). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

FACTS

Adam Sousa was convicted of two counts of attempted murder with a firearm and one count of aggravated assault...

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