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JAMES TISBY, PETITIONER, v. STATE OF FLORIDA, RESPONDENT.

PER CURIAM.

We review Tisby v. State, 614 So.2d 586 (Fla. 4th DCA 1993), based on constitutional construction. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

We recently resolved the issue presented in this case in Metcalf v. State, 635 So.2d 11 (Fla. 1994), where we found a due process violation when police used illegally manufactured drugs in a reverse-sting operation. On authority of Metcalf we quash the decision under review.

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur.

McDONALD, Senior Justice, dissents.

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TISBY v. STATE
(Jun 9, 1994)