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SCHLABACH v. STATE

No. SC09-223.

37 So.3d 230 (2010)

Teresa SCHLABACH, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

May 20, 2010.

Attorney(s) appearing for the Case

Carey Haugwout, Public Defender, and Barbara J. Wolfe, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, Florida, and James J. Carney, Assistant Attorney General, West Palm Beach, FL, for Respondent.

PARIENTE, J.

In this case, we review the decision of the Fourth District Court of Appeal in State v. Schlabach, 1 So.3d 1091 (Fla. 4th DCA 2009), based on certified direct conflict with the decision of the Second District Court of Appeal in Childers v. State, 972 So.2d 307 (Fla. 2d DCA 2008). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The issue is whether...

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