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STATE v. SMITH

No. 66-585.

193 So.2d 23 (1966)

The STATE of Florida, Petitioner, v. Joseph Candy SMITH, Respondent.

District Court of Appeal of Florida. Third District.

December 20, 1966.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., Richard E. Gerstein, State Atty., and Joseph Durant, Asst. State Atty., for petitioner.

Walter E. Gwinn, Miami, for respondent.

Before HENDRY, C.J., and PEARSON and CARROLL, JJ.

PEARSON, Judge.

We are presented with a petition of the state of Florida for writ of certiorari seeking review of a judgment of the circuit court acting in its appellate capacity. We have jurisdiction under section 5(3), Article V, Constitution of the State of Florida, F.S.A. See Robinson v. State, Fla. 1961, 132 So.2d 3; State v. Smith, Fla. App. 1960, 118 So.2d 792. We issued the writ upon petitioner...

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