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VALDES-PINO v. STATE

No. SC10-63.

75 So.3d 235 (2011)

John VALDES-PINO, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 27, 2011.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, Eleventh Judicial Circuit, Leslie Scalley , Special Assistant Public Defender, Tampa, FL, and Andrew Stanton , Assistant Public Defender, Miami, FL, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, FL, Richard L. Polin , Bureau Chief, and Forrest L. Andrews, Jr. , 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 Valdes-Pino v. State, 23 So.3d 871 (Fla. 3d DCA 2009). The district court certified that its decision is in direct conflict with the decision of the First District Court of Appeal in Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009). We have jurisdiction. See art...

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