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STATE v. McMAHON

No. SC10-2425.

94 So.3d 468 (2012)

STATE of Florida, Petitioner, v. John McMAHON, Respondent.

Supreme Court of Florida.

April 5, 2012.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, FL, Celia A. Terenzio , Bureau Chief, Helene Catherine Hvizd and Jeanine M. Germanowicz , Assistant Attorneys General, West Palm Beach, FL, for Petitioner.

Carey Haughwout , Public Defender, and Alan T. Lipson , Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Respondent.

LABARGA, J.

This case is before the Court for review of the decision of the Fourth District Court of Appeal in State v. McMahon, 47 So.3d 368 (Fla. 4th DCA 2010). The district court certified that its decision is in direct conflict with the decision of the Fifth District Court of Appeal in State v. Chaves-Mendez, 809 So.2d 910 (Fla. 5th DCA 2002), on a question of law. We have jurisdiction...

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