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716 So. 2d 787

716 So.2d 787

23 Fla.L.WeeklySupp. 445

Johnson v. State

Supreme Court of Florida

Decided September 4, 1998

Supreme Court of Florida · decided 1998-09-04

Relies on Evans v. State · State v. Johnson

Decided 1998-09-04

PER CURIAM.

¶1We have for review State v. Johnson, 696 So.2d 880 (Fla. 5th DCA 1997), based upon express and direct conflict with Evans v. State, 546 So.2d 1125 (Fla. 3d DCA 1989). See Art. V, § 3(b)(3), Fla. Const. However, after hearing oral argument, we have determined that jurisdiction was improvidently granted. Accordingly, the petition for review is hereby dismissed.

¶2It is so ordered.

HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS and PARIENTE, JJ, concur.ANSTEAD, J., dissents.
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