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POWE v. STATE

No. 37408.

216 So.2d 446 (1968)

Leon Elmore POWE, Petitioner, v. The STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied December 20, 1968.

Attorney(s) appearing for the Case

Robert L. Koeppel and Phillip A. Hubbart, Miami, for petitioner.

Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for respondent.

ERVIN, Justice.

We have for review by writ of certiorari the decision of the District Court of Appeal, Third District, in Powe v. State of Florida, 208 So.2d 522. The District Court affirmed per curiam, without opinion, a denial of Petitioner's motion for relief under Criminal Procedure Rule No. 1 (now Criminal Procedure Rule 1.850, 33 F.S.A.).

Petitioner's application for review is predicated on the following facts: On...

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