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STATE v. FACION

No. 70-255.

240 So.2d 89 (1970)

STATE of Florida, Appellant, v. Eugene FACION, Jr., Appellee.

District Court of Appeal of Florida, Second District.

October 21, 1970.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., Tallahassee, and Michael N. Kavouklis, Asst. Atty. Gen., Lakeland, for appellant.

No appearance for appellee.

PER CURIAM.

Reversed upon authority of State of Florida v. Hardy, Fla.App., 239 So.2d 279, opinion filed September 16, 1970 (DCA 2); and State v. Williams, Fla.App., 238 So.2d 140, opinion filed July 22, 1970 (DCA 2).

HOBSON, C.J., and PIERCE and McNULTY...

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