State of Florida v. James Clark

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Supreme Court of Florida ____________ No. SC00-2441 ____________ STATE OF FLORIDA, Petitioner, vs. JAMES CLARK, Respondent. [December 20, 2001] PER CURIAM. We initially accepted for review the decision of the Fourth District Court of Appeal in State v. Clark, 770 So. 2d 237 (Fla. 4th DCA 2000), which certified conflict with the Second District s decision in State v. Barnes, 753 So. 2d 605 (Fla. 2d DCA 2000). Upon further consideration, we find that review was improvidently granted. Accordingly, this review proceeding is dismissed. It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur. NO MOTION FOR REHEARING WILL BE ALLOWED. Application for Review of the Decision of the District Court of Appeal - Certified Direct Conflict of Decisions Fourth District - Case No. 4D99-2673 (Broward County) Robert A. Butterworth, Attorney General, and Michael J. Neimand and Barbara A. Zappi, Assistant Attorneys General, Fort Lauderdale, Florida, for Petitioner Jo Ann Barone Kotzen, West Palm Beach, Florida, for Respondent -2-

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