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IN THE MATTER OF: DANIEL BAILEY

PER CURIAM.

As to the issue on direct appeal based on the dissenting opinion of Lewis, J., we affirm the decision of the Court of Appeals. We conclude the petition for discretionary review as to an additional issue was improvidently allowed.

AFFIRMED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED IN PART.

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IN THE MATTER OF: BAILEY
(Apr 1, 1999)