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McKINNEY v. STATE

No. SC10-140.

66 So.3d 852 (2011)

Horace McKINNEY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

June 16, 2011.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Rebecca M. Becker , Assistant Public Defender, Daytona Beach, FL, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, FL, and Ann M. Phillips , Assistant Attorney General, Daytona Beach, FL, for Respondent.

PER CURIAM.

This case is before the Court for review of the decision of the Fifth District Court of Appeal in McKinney v. State, 24 So.3d 682 (Fla. 5th DCA 2009). The district court certified that its decision is in direct conflict with the decision of the Fourth District Court of Appeal in Shazer v. State, 3 So.3d 453 (Fla. 4th DCA 2009). We have jurisdiction. See art. V...

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