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CARNLEY v. STATE

No. 74-277.

305 So.2d 875 (1975)

James Clemmie CARNLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 8, 1975.

Attorney(s) appearing for the Case

James A. Gardner, Public Defender, Sarasota, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. See Sam v. State, Fla.App. 2nd, 1964, 167 So.2d 258, and cases cited therein. Also see rationale of Harrison v. Wainwright, Fla.App.1st, 1971, 243 So.2d 427.

McNULTY, C.J., and HOBSON and BOARDMAN...

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