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SC06-842 – Joseph Kelly v. State Of Florida
State: Florida
Court: Supreme Court
Docket No: SC06-842
Case Date: 06/28/2007
Preview:Supreme Court of Florida
____________ No. SC06-842 ____________ JOSEPH KELLY, Petitioner, vs. STATE OF FLORIDA, Respondent. [June 28, 2007] PER CURIAM. This case is before the Court for review of the decision of the Fourth District Court of Appeal in Kelly v. State, 924 So. 2d 69 (Fla. 4th DCA 2006). On motion for rehearing, the district court certified that its decision is in direct conflict with the decisions of the Second District Court of Appeal in Johnson v. State, 695 So. 2d 861 (Fla. 2d DCA 1997), and Frazier v. State, 630 So. 2d 1237 (Fla. 2d DCA 1994), and the First District Court of Appeal in Vickery v. State, 515 So. 2d 396 (Fla. 1st DCA 1987). We have jurisdiction. See art. V,
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