STATE v. VARGAS

No. SC05-1125.

937 So.2d 663 (2006)

STATE of Florida, Petitioner, v. Osberto Dejesus VARGAS, Respondent.

Supreme Court of Florida.

August 31, 2006.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, and Angel L. Fleming, Assistant Attorney General, Miami, FL, for Petitioner.

Bennett J. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Respondent.


PER CURIAM.

We have for review Vargas v. State, 902 So.2d 166 (Fla. 3d DCA 2004), disapproved by, Jones v. State, 923 So.2d 486 (Fla. 2006), in which the Third District Court of Appeal certified conflict with the decision of the Fourth District Court of Appeal in Jones v. State, 870 So.2d 904 (Fla. 4th DCA 2004), approved,

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