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STATE v. JOHNSON

No. 41766.

269 So.2d 8 (1972)

STATE of Florida, Petitioner, v. Nerry JOHNSON, Respondent.

Supreme Court of Florida.

November 1, 1972.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Charles Corces, Jr., Asst. Atty. Gen., for petitioner.

Robert E. Jagger, Public Defender and Frank H. White, Asst. Public Defender, for respondent.

ON REHEARING GRANTED

PER CURIAM.

We tentatively accepted jurisdiction of this cause for the purpose of studying the briefs and hearing oral argument.

Having done so, we are now convinced there is no basis for conflict jurisdiction.

The writ of certiorari is discharged.

It is so ordered.

ROBERTS, C.J., and ERVIN, McCAIN and DEKLE, JJ., concur.

ADKINS, J., dissents.

CARLTON, J., dissents with opinion.

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