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STATE v. LOPEZ

No. SC05-88.

974 So.2d 340 (2008)

STATE of Florida, Petitioner, v. Moroni LOPEZ, Respondent.

Supreme Court of Florida.

January 10, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Robert R. Wheeler, Bureau Chief Criminal Appeals, and Felicia A. Wilcox, Assistant Attorneys General, Tallahassee, FL, for Petitioner.

Nancy A. Daniels, Public Defender, and Jamie Spivey, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Respondent.

Paula S. Saunders, Office of the Public Defender, Tallahassee, Florida, and Michael Robert Ufferman, Tallahassee, FL, for the Florida Association of Criminal Defense Lawyers, as Amicus Curiae.

QUINCE, J.

This case is before the Court for review of the decision of the First District Court of Appeal in Lopez v. State, 888 So.2d 693 (Fla. 1st DCA 2004). The district court certified that its decision is in direct conflict with the decision of the Fifth District Court of Appeal in Blanton v. State, 880 So.2d 798 (Fla. 5th DCA 2004), review granted, No. SC04-1823 (Fla...

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