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STATE v. SMITH

No. 44519.

300 So.2d 257 (1974)

STATE of Florida, Petitioner, v. Ray D. SMITH, Respondent.

Supreme Court of Florida.

Rehearing Denied October 7, 1974.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Robert J. Landry, Asst. Atty. Gen., for petitioner.

Robert E. Pyle, Lake Alfred, for respondent.

ROBERTS, Justice.

This cause is before us on certiorari granted to review the decision of the District Court of Appeal, Second District, in Smith v. State reported at 282 So.2d 179 (Fla.App. 1973) which directly conflicts with our recent decision in State v. Bryan, 287 So.2d 73 (Fla. 1973). We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution (1973), F.S.A.

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