RANDALL L. KELLY v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RANDALL L. KELLY, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. STATE OF FLORIDA, CASE NO. 1D03-3595 Appellee. ___________________________/ Opinion filed August 19, 2004. An appeal from the Circuit Court of Escambia County. Jan Shackelford, Judge. Robert Augustus Harper, Esquire and Michael Robert Ufferman, Esquire of the Robert Augustus Harper Law Firm, P.A., Tallahassee, for Appellant. Charlie Crist, Attorney General; Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Affirmed. See Moore v. State, No. 1D03-3880 (Fla. 1st DCA Aug. __, 2004); Therrien v. State, 859 So. 2d 585 (Fla. 1st DCA 2003), review pending, No. SC032219 (Fla. Dec. 18, 2003). Contra Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), review pending, No. SC03-2103 (Fla. Nov. 10, 2003). BENTON, BROWNING, and POLSTON, JJ., CONCUR.

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