STATE v. MATTHEWS

No. SC03-1676.

891 So.2d 479 (2004)

STATE of Florida, Petitioner, v. Gary MATTHEWS, Respondent.

Supreme Court of Florida.

December 23, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, FL and Celia Terenzio, Assistant Attorney General, Bureau Chief and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, FL, for Petitioner.

Carey Haughwout, Public Defender and Marcy K. Allen, Assistant Public Defender, Fifthteenth Judicial Circuit, West Palm Beach, FL, for Respondent.


LEWIS, J.

We have for review the decision in Matthews v. State, 854 So.2d 238 (Fla. 4th DCA 2003), which certified conflict with the decision in Duncan v. State, 686 So.2d 701 (Fla. 2d DCA 1996). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

FACTS AND PROCEDURAL HISTORY

On June 14, 1990, Gary Matthews...

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