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889 So. 2d 912

Docket No. 5D04-676.

Sullens v. State

Barry SULLENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 10, 2004.

District Court of Appeal of Florida · decided 2004-12-10

Cited by 3 later decisions — most recently September 2008

3 state decisions

Relies on 716 So. 2d 827 - Daniels v. State · 819 So. 2d 231 - Prianti v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2004-12-10

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¶1Flem K. Whited, III and David H. Foxman of Whited, Fuller, Miller & Foxman, Daytona Beach, for Appellant.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

¶3PER CURIAM.

¶4We affirm based on State v. Bolware, 28 FLW D2493, ___ So.2d ___, 2003 WL 22460271 (Fla. 1st DCA Oct.31, 2003), although we recognize that Bolware and this opinion are in conflict with Daniels v. State, 716 So.2d 827 (Fla. 4th DCA 1998).

¶5Accordingly, we affirm and certify conflict with Daniels. See also Prianti v. State, 819 So.2d 231 (Fla. 4th DCA 2002).

¶6AFFIRMED.

¶7PLEUS and TORPY, JJ, and WALSH, J.D., Associate Judge., concur.

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