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STATE v. PENLEY

No. 72-890.

276 So.2d 180 (1973)

STATE of Florida, Appellant, v. Earl L. PENLEY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 7, 1973.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant.

James A. Gardner, Public Defender, and Mary Jo M. Gallay, Asst. Public Defender, Bradenton, for appellee.

BOARDMAN, Judge.

On September 6, 1972, at approximately 4:15 A.M., a St. Petersburg police officer, while patrolling, saw appellee, Earl L. Penley, sitting on a bench at a city bus stop located in the vicinity of Central Avenue and 9th Street in the City of St. Petersburg. The officer approached appellee, spoke to him, shook his leg, and, finding him asleep, arrested him for sleeping in a public place in violation of St. Petersburg City Ordinance 22.57. This Ordinance...

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