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BUTLER v. STATE

No. SC06-2519.

969 So.2d 355 (2007)

William Frank BUTLER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

November 8, 2007.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, and Timothy A. Freeland, Assistant Attorney General, Tampa, FL, for Respondent.

PER CURIAM.

We have for review Butler v. State, 946 So.2d 1131 (Fla. 2d DCA 2006), in which the Second District Court of Appeal certified conflict with Hearns v. State, 912 So.2d 377 (Fla. 3d DCA 2005), approved, 961 So.2d 211 (Fla.2007). We have jurisdiction. See art V, § 3(b)(4), Fla. Const.

We stayed proceedings in...

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