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LEGGETT v. STATE

No. SC10-556.

103 So.3d 131 (2012)

Carl LEGGETT, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied December 4, 2012.

Attorney(s) appearing for the Case

Carlos Jesus Martinez , Public Defender and Andrew McBride Stanton , Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, Florida, Richard L. Polin , Bureau Chief, and Heidi Milan Caballero , Assistant Attorney General, Miami, FL, for Respondent.

LABARGA, J.

We have for review Leggett v. State, 34 So.3d 51 (Fla. 3d DCA 2010), in which the Third District Court of Appeal certified conflict with the decision of the First District Court of Appeal in Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

We previously accepted jurisdiction in Montgomery...

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