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KELLY v. STATE

No. SC06-842.

964 So.2d 135 (2007)

Joseph KELLY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied August 31, 2007.

Attorney(s) appearing for the Case

Fred Haddad, Fort Lauderdale, FL, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, Celia A. Terenzio, Bureau Chief, and Diane F. Medley, Assistant Attorney General, West Palm Beach, FL, for Respondent.

PER CURIAM.

This case is before the Court for review of the decision of the Fourth District Court of Appeal in Kelly v. State, 924 So.2d 69 (Fla. 4th DCA 2006). On motion for rehearing, the district court certified that its decision is in direct conflict with the decisions of the Second District Court of Appeal in Johnson v. State, 695 So.2d 861 (Fla. 2d DCA 1997), and Frazier...

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