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STATE OF FLORIDA, PETITIONER/APPELLANT, v. TYRONE M. CLAYBOURNE, RESPONDENT/APPELLEE.

OVERTON, Justice.

We have for review State v. Claybourne, 600 So.2d 516 (Fla. 1st DCA 1992), in which the district court addressed the same question we recently answered in State v. Johnson, 616 So.2d 1 (Fla. 1993). In accordance with our decision in Johnson, we approve the decision of the district court in the instant case.

We have jurisdiction. Art. V, § 3(b)(1), (3)-(4), Fla. Const.

It is so ordered.

BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

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STATE v. CLAYBOURNE
(Jan 21, 1993)