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McLEAN v. STATE

No. SC03-1732.

934 So.2d 1248 (2006)

Ronald McLEAN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 6, 2006.

Attorney(s) appearing for the Case

Ryan Thomas Truskoski, P.A., Orlando, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Robert J. Krauss, Bureau Chief, Tampa Criminal Appeals and John M. Klawikofsky, Assistant Attorney General, Tampa, FL, for Respondent.

PARIENTE, J.

In this case we address a certified question of great public importance:

Does section 90.404(2)(b), Florida Statutes (2001), violate due process when applied in a case in which identity is not an issue?

McLean v. State, 854 So.2d 796, 803-04 (Fla. 2d DCA 2003). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We answer this question in the negative and hold that section 90...

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