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COLEMAN v. STATE

No. 72-1004.

281 So.2d 226 (1973)

Robert Lee COLEMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 3, 1973.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, and Charles H. Livingston, Asst. Public Defender, Sarasota, Judge C. Luckey, Jr., Public Defender, and J. Stephen Gardner, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Frank B. Kessler, Asst. Atty. Gen., Tampa, for appellee.

LILES, Judge.

Robert Lee Coleman was convicted by a jury of having been a felon in possession of a firearm. Before the time had run, he filed his notice of appeal. Notwithstanding this fact, the County Solicitor's office filed a direct information charging him with being a subsequent felony offender under F.S. § 775.084, F.S.A. He filed a motion to dismiss on the grounds that he had appealed his prior conviction, i.e., felon in possession of firearm, and that...

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