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CARTER v. STATE

No. T-396.

292 So.2d 33 (1974)

David Stanley CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 2, 1974.

Attorney(s) appearing for the Case

Frederic A. Buttner, Jacksonville, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant, on an indictment for first degree murder, was found guilty of second degree murder. He appealed and the judgment and sentence were affirmed by this court. See Carter v. State, Fla.App., 263 So.2d 851. The cause is now before this court on a denial without hearing of appellant's motion to vacate judgment and sentence pursuant to Rule 3.850, Florida Rules of Criminal Procedure, 33 F.S.A.

Appellant contends...

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