KANNER, Chief Judge.
This cause is here on appeal and also on a petition for writ of certiorari taken by the State of Florida, the state having employed these two methods of approach. The primary question is the same under both proceedings and they were consolidated for briefing and argument. The controversy can be determined through the appeal as lodged. Therefore, it is unnecessary in this opinion to deal with the petition for writ of certiorari, but this petition...
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