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MOORE v. STATE

No. SC05-1779.

8 So.3d 1122 (2009)

Daniel Louis MOORE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

May 7, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and John M. Selden, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, Douglas T. Squire and Kellie A. Nielan, Assistant Attorneys General, Daytona Beach, FL, for Respondent.

PER CURIAM.

We have for review the decision of the Fifth District Court of Appeal in Moore v. State, 909 So.2d 500 (Fla. 5th DCA 2005), which expressly and directly conflicts with the decision of the Second District Court of Appeal in Gordon v. Regier, 839 So.2d 715 (Fla. 2d DCA 2003). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

We stayed proceedings...

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