Sutterby v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003 SIM FENTON SUTTERBY, II, Appellant, v. Case No. 5D02-3532 STATE OF FLORIDA, Appellee. / Decision filed August 8, 2003 3.850 Appeal from the Circuit Court for Volusia County, Joseph G. Will, Judge. Thomas C. Greene, Sanford, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. SAWAYA, C.J. and PLEUS, J., concur. SHARP, W., J., dissents with opinion. 5D02-3532 SHARP, W., J., dissenting. See Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000).

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