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STATE v. ALVEREZ

No. SC03-671.

940 So.2d 1111 (2006)

STATE of Florida, Petitioner, v. Ramon ALVEREZ, et al., Respondents.

Supreme Court of Florida.

October 12, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, and Judy Taylor Rush and Douglas T. Squire, Assistant Attorneys General, Daytona Beach, FL, for Petitioner.

James S. Purdy, Public Defender and John M. Selden, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Respondent.

QUINCE, J.

We have for review Alverez v. State, 840 So.2d 322 (Fla. 5th DCA 2003), in which the petitioner alleges the decision of the Fifth District Court of Appeal expressly and directly conflicts with Melvin v. State, 804 So.2d 460 (Fla. 2d DCA 2001), on the same question of law. At the time the Fifth District issued its decision in Alverez, the case of Kephart v. Kearney...

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