JOHNSON v. STATE

No. SC07-368.

994 So.2d 960 (2008)

Dale JOHNSON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied November 6, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Petitioner.

Bill McCollum, Attorney General, and Celia Terenzio, Bureau Chief, Assistant Attorney General, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, Florida, for Respondent.


LEWIS, J.

We have for review Johnson v. State, 944 So.2d 474 (Fla. 4th DCA 2006), which expressly and directly conflicts with the decisions in State v. Upton, 658 So.2d 86 (Fla.1995), and Tucker v. State, 559 So.2d 218 (Fla.1990). We have jurisdiction pursuant to article V, section 3(b)(3) of the...

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