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MITCHELL v. STATE

No. Q-430.

270 So.2d 447 (1972)

John Allen MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 19, 1972.

Attorney(s) appearing for the Case

Joseph A. St. Ana, Jacksonville, for appellant.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.

ON MOTION TO DISMISS

PER CURIAM.

Appellant seeks review of a judgment of conviction and sentence based upon a jury verdict finding him guilty of murder in the first degree, with a recommendation of mercy. He is represented on this appeal by court-appointed counsel, and the cause was set for oral argument before the court on November 14, 1972.

Prior to the date on which the appeal was to be heard appellee filed in the cause a motion to dismiss the...

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