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STATE v. WRIGHT

No. 41374.

265 So.2d 361 (1972)

STATE of Florida, Petitioner, v. Kenneth Ray WRIGHT, Respondent.

Supreme Court of Florida.

July 19, 1972.

Attorney(s) appearing for the Case

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

Meredith J. Cohen and Edward J. Hanlon, Jr. & Partners, Orlando, for respondent.

PER CURIAM.

We have for review the decision of the District Court of Appeal, Second District, in this cause which is reported at 250 So.2d 333 (2nd D.C.A.Fla. 1971). The pertinent facts are given in the opinion below. It is our judgment that the decision should be quashed, and the cause remanded for further proceedings.

Certiorari was granted to resolve the conflict between the decision below and Henninger v. State,

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