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GARZON v. STATE

Nos. SC06-2235, SC06-2290.

980 So.2d 1038 (2008)

Zamir GARZON, Petitioner, v. STATE of Florida, Respondent. Ray C. Balthazar, Petitioner, v. State of Florida, Respondent.

Supreme Court of Florida.

April 10, 2008.

Attorney(s) appearing for the Case

Samuel R. Halpern of the Law Firm of Samuel R. Halpern, P.A., Fort Lauderdale, FL, for Petitioner Zamir Garzon.

John F. Cotrone of the Law Firm of John F. Cotrone, P.A., Fort Lauderdale, FL, for Petitioner Ray C. Balthazar.

Bill McCollum, Attorney General, Tallahassee, FL, Celia A. Terenzio, Assistant Attorney General, Bureau Chief, and Mitchell A. Egber and Monique E. L'Italien, Assistant Attorneys General, West Palm Beach, FL, for Respondent.

WELLS, J.

This case is before the Court for review of the decision of the Fourth District Court of Appeal in Garzon v. State, 939 So.2d 278 (Fla. 4th DCA 2006). The district court certified that its decision is in direct conflict with the decisions of the First and Second District Courts of Appeal in Davis v. State, 922 So.2d 279 (Fla. 1st DCA 2006), Zeno v. State,

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