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STATE v. POLO

Nos. 39106, 39105 and 39104.

242 So.2d 457 (1970)

STATE of Florida, Appellant, v. Albert POLO, Appellee. STATE of Florida, Appellant, v. Henry Lee CREAMER, Appellee. STATE of Florida, Appellant, v. Jimmy WILLIAMS, Appellee.

Supreme Court of Florida.

Rehearing Denied January 19, 1971.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellant.

Robert E. Jagger, Public Defender and James L. DeMoully, Asst. Public Defender, for Albert Polo and Jimmy Williams.

Kenneth E. Easley, Clearwater, for Henry Lee Creamer.

CARLTON, Justice.

The Circuit Court for the Sixth Judicial Circuit, Pinellas County, entered an Order Vacating the Judgment and Sentence in each of these three consolidated cases following disclosure of the fact that appellees' respective felony convictions stemmed from prosecutions initiated by informations which contained erroneously executed affidavits. The Court also held that Fla. Stat. § 906.04(2), F.S.A. which places limitations upon the opportunity to...

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