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740 So. 2d 31

Fayne v. State

District Court of Appeal of Florida · decided 1999-03-26

Relies on 708 So. 2d 617 - Maddox v. State

Decided 1999-03-26

LAWRENCE, J.,

¶1specially concurring.

¶2I agree that we are constrained to reverse in this case because of the prior decisions of this court. However, I continue to believe that the correct position is that found in Judge Joanos’ dissent (in which I joined) in Nelson v. State, 719 *33So.2d 1280 (Fla. 1st DCA 1998) (en banc). Certification of conflict with Maddox v. State, 708 So.2d 617 (Fla. 5th DCA 1998), is appropriate.

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