STATE v. BROWN

No. SC07-2247.

3 So.3d 1190 (2009)

STATE of Florida, Petitioner, v. David Dwayne BROWN, Respondent.

Supreme Court of Florida.

February 26, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, Florida, Richard L. Polin, Bureau Chief, and Ansley E. Peacock, Assistant Attorneys General, Miami, FL, for Petitioner.

Carlos J. Martinez, Public Defender, and Howard K. Blumberg, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Respondent.


PER CURIAM.

We have for review the decision of the Third District Court of Appeal in Brown v. State, 967 So.2d 236 (Fla. 3d DCA 2007), which expressly and directly conflicts with the decision of the Fourth District Court of Appeal in Garzon v. State, 939 So.2d 278 (Fla. 4th DCA 2006), approved, 980 So.2d 1038 (Fla.2008). At the time the...

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