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MARTINEZ v. STATE

No. SC06-1597.

981 So.2d 449 (2008)

Eric MARTINEZ, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied April 29, 2008.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, Richard L. Polin, Bureau Chief, Kristen L. Davenport, and Wesley Heidt, Assistant Attorneys General, Daytona Beach, FL, for Respondent.

PER CURIAM.

Petitioner Eric Martinez seeks review of the decision of the Third District Court of Appeal in Martinez v. State, 933 So.2d 1155 (Fla. 3d DCA 2006), on the ground that it expressly and directly conflicts with decisions of the First, Second, Fourth, and Fifth District Courts of Appeal on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

FACTS AND PROCEDURAL BACKGROUND...

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