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DAVILA v. STATE

No. SC09-2177.

75 So.3d 192 (2011)

Ricardo DAVILA, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 6, 2011.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Marti Rothenberg , Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, FL, Richard L. Polin , Bureau Chief, and Ansley B. Peacock , Assistant Attorneys General, Miami, FL, for Respondent.

LABARGA, J.

This case is before the Court for review of the decision of the Third District Court of Appeal in Davila v. State, 26 So.3d 5 (Fla. 3d DCA 2009). The district court certified that its decision is in direct conflict with the decision of the Second District Court of Appeal in Muniz v. State, 764 So.2d 729 (Fla. 2d DCA 2000). We have jurisdiction. See art. V, §...

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