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STATE v. McFADDEN

No. SC09-1755.

50 So.3d 1131 (2010)

STATE of Florida, Petitioner, v. Joseph Eugene McFADDEN, Respondent.

Supreme Court of Florida.

Rehearing Denied December 8, 2010.

Attorney(s) appearing for the Case

Bill McCollum , Attorney General, Tallahassee, FL, Celia Terenzio , Bureau Chief, Helen C. Hvizd and Myra J. Fried , Assistant Attorneys General, West Palm Beach, FL, for Petitioner.

Carey Haughwout , Public Defender, and Christine C. Geraghty , Assistant Public Defenders, Fifteenth Judicial Circuit, West Palm Beach, FL, for Respondent.

POLSTON, J.

The State seeks review of the decision of the Fourth District Court of Appeal in McFadden v. State, 15 So.3d 755 (Fla. 4th DCA 2009), on the grounds that it expressly and directly conflicts with the decision of this Court in State v. Evans, 770 So.2d 1174 (Fla.2000).1 The issue before this

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