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STATE v. KELLY

No. 42381.

287 So.2d 13 (1973)

STATE of Florida, Petitioner, v. Nicholas S. KELLY, Respondent.

Supreme Court of Florida.

Rehearing Denied January 14, 1974.

Attorney(s) appearing for the Case

Frank Schaub, State's Atty., Richard W. Seymour, Asst. State's Atty., and Robert Shevin, Atty. Gen., for petitioner.

Larry Helm Spalding, Sarasota, for respondent.

DEKLE, Justice.

This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Second District, reported at 260 So.2d 903. Our jurisdiction is based upon conflict with Earman v. State, 265 So.2d 695 (Fla. 1972), and State v. Clarke, 242 So.2d 791 (Fla. App.4th, 1971). Fla. Const. art. V, § 3(b)(3) (1973...

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