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HOBBS v. STATE

No. SC08-615.

999 So.2d 1025 (2008)

David Eric HOBBS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

December 23, 2008.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Brynn Newton, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, and Dale C. Carson of the Law Office of Dale C. Carson, Jacksonville, FL, for Petitioner.

Bill McCollum, Attorney General, Pamela J. Koller and Wesley Heidt, Assistant Attorneys General, Daytona Beach, FL, for Respondent.

WELLS, J.

This case is before the Court for review of the decision of the Fifth District Court of Appeal in State v. Hobbs, 974 So.2d 1119 (Fla. 5th DCA 2008). The Fifth District Court of Appeal certified that its decision is in direct conflict with the decision of the First District Court of Appeal in Kelly v. State, 946 So.2d 591 (Fla. 1st DCA 2006). The conflict issue is whether...

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