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HEARNS v. STATE

No. 37840.

223 So.2d 738 (1969)

Lamar HEARNS, Appellant, Cross-Appellee, v. STATE of Florida, Appellee, Cross-Appellant.

Supreme Court of Florida.

June 11, 1969.

Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, and Phillip A. Hubbart, Asst. Public Defender, for appellant-cross-appellee.

Earl Faircloth, Atty. Gen., Harold Mendelow, Asst. Atty. Gen., Richard E. Gerstein, State Atty., and Charles D. Edelstein, Asst. State Atty., for appellee-cross-appellant.

ERVIN, Chief Justice.

Appellant Lamar Hearns was convicted of robbery in the Criminal Court of Record of Dade County, Florida, and sentenced to life imprisonment. He appealed to the District Court of Appeal, Third District, and that court transferred the case here because the trial judge held F.S. Section 921.025, F.S.A., unconstitutional.

The Appellant appealed his conviction to the District Court on the ground a fundamental error was committed in that he...

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