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STATE v. LUCIANO

No. SC08-1398.

12 So.3d 183 (2009)

STATE of Florida, Petitioner, v. Luis Alfredo LUCIANO, Respondent.

Supreme Court of Florida.

May 21, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, FL, and Wesley Heidt, Assistant Attorney General, Daytona Beach, FL, for Petitioner.

James S. Purdy, Public Defender, and Dee Ball and Marvin F. Clegg, Assistant Public Defenders, Seventh Judicial Circuit, Daytona Beach, FL, for Respondent.

PER CURIAM.

We have for review Luciano v. State, 983 So.2d 759 (Fla. 5th DCA 2008), in which the Fifth District Court of Appeal certified conflict with the decision of the Third District Court of Appeal in Valdes v. State, 970 So.2d 414 (Fla. 3d DCA 2007), approved in result, 3 So.3d 1067 (Fla. 2009). At the time the Fifth District issued...

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