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MONTGOMERY v. STATE

No. SC02-1943.

897 So.2d 1282 (2005)

Sheldon MONTGOMERY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

March 17, 2005.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender and Peggy Natale, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Celia A. Terenzio, Bureau Chief and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, FL, for Respondent.

QUINCE, J.

We have for review the decision of the Fourth District Court of Appeal in Montgomery v. State, 821 So.2d 464 (Fla. 4th DCA 2002), which certified conflict with the decisions of the First District Court of Appeal in Batchelor v. State, 729 So.2d 956 (Fla. 1st DCA 1999), the Second District Court of Appeal in State v. Freeman, 775 So.2d 344

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