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SANDERS v. STATE

No. V-409.

303 So.2d 78 (1974)

William J. SANDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 19, 1974.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for appellee.

BOYER, Judge.

Appellant, defendant in the trial court, was charged in an eight-count indictment, but was tried under only three counts: Count II, breaking and entering with intent to commit a felony (grand larceny); Count III, possession of phenocyclidine; and Count IV, possession of phenobarbital. The jury found defendant guilty of Count II (breaking and entering) but not guilty of Counts III and IV (possession of phenocyclidine...

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