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JONES v. STATE

No. SC04-1217.

923 So.2d 486 (2006)

Cedrick JONES, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

March 2, 2006.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender and Margaret Good-Earnest, Assistant Public Defender, Chief, Appellate Division, Fifteenth Judicial Circuit, West Palm Beach, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Celia Terenzio, Bureau Chief, and Richard Valuntas, Assistant Attorney Generals, West Palm Beach, FL, for Respondent.

WELLS, J.

We have for review Jones v. State, 870 So.2d 904 (Fla. 4th DCA 2004), which expressly and directly conflicts with the decision of the Third District Court of Appeal in Vargas v. State, 902 So.2d 166 (Fla. 3d DCA 2004).1 We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

Cedrick Jones was convicted of two counts of battery...

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