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DAVIS v. STATE

No. 70-26.

239 So.2d 110 (1970)

Albert D. DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 28, 1970.

Attorney(s) appearing for the Case

Hughlan Long, Public Defender, and Alan S. Becker, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and BARKDULL, JJ.

PER CURIAM.

Davis appeals the denial of his motion to vacate judgment and sentence made pursuant to Rule 1.850, Florida Rules of Criminal Procedure, 33 F.S.A. A review of the briefs and record on appeal affirmatively shows that the appeal is without merit.

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