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753 So. 2d 554

753 So.2d 554

24 Fla.L.WeeklySupp. 608

Brown v. State

Supreme Court of Florida

Decided December 16, 1999

Supreme Court of Florida · decided 1999-12-16

Relies on 743 So. 2d 1 - Ruiz v. State · 750 So. 2d 1 - Hayes v. State · Agency for Health Care Administration v. Palm Springs General Hospital, Inc.

Decided 1999-12-16

PARIENTE, J.

¶1We have for review the opinion in State v. Falkenstein, 720 So.2d 1143 (Fla. 4th DCA 1998),1 which certified conflict with the opinions in State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), and State v. Perry, 716 So.2d 327 (Fla. 2d DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our opinion in Hayes v. State, 750 So.2d 1 (Fla.1999), the decision of the Fourth District is hereby quashed. We remand to the district court for proceedings consistent with this opinion.

¶2It is so ordered.

*555HARDING, C.J., and SHAW, WELLS, ANSTEAD, LEWIS and QUINCE, JJ., CONCUR.

¶3. The Fourth District consolidated the State’s appeal of the trial court’s dismissal of drug trafficking charges against both Lisa Brown and her co-defendant Stephen Falkenstein. See State v. Falkenstein, 720 So.2d 1143, 1144 (Fla. 4th DCA 1998). Falkenstein subsequently voluntarily dismissed his petition seeking discretionary review in this Court. See Falkenstein v. State, 743 So.2d 11 (Fla.1999).

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