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DOUGHERTY v. STATE

No. SC12-2365.

149 So.3d 672 (2014)

Bernard J. DOUGHERTY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 16, 2014.

Attorney(s) appearing for the Case

Carlos Fernando Gonzalez and Paola M. Sanchez Torres of Diaz, Reus & Targ, LLP, Miami, FL, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, FL, and Wesley Harold Heidt , Bureau Chief, and Rebecca Rock McGuigan , Assistant Attorney General, Daytona Beach, FL, for Respondent.

LABARGA, C.J.

Bernard Joseph Dougherty seeks review of the decision of the Fifth District Court of Appeal in Dougherty v. State, 96 So.3d 984 (Fla. 5th DCA 2012), on the ground that it expressly and directly conflicts with a decision of the Fourth District Court of Appeal in Macaluso v. State, 12 So.3d 914 (Fla. 4th DCA 2009), on a question of law. We have jurisdiction. See

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