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STATE v. HEIL

No. 75-634.

320 So.2d 10 (1975)

STATE of Florida, Appellant, v. Debra Bryant HEIL, Appellee.

District Court of Appeal of Florida, Fourth District.

October 10, 1975.

Attorney(s) appearing for the Case

David H. Bludworth, State's Atty., and Gerald A. McGill, Asst. State's Atty., West Palm Beach, for appellant.

Joseph K. Still, Jr., Law Offices of Michael T. Mallon, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CROSS and OWEN, JJ., concur.

MAGER, J., dissents, with opinion.

MAGER, Judge (dissenting):

In my opinion the trial court's order granting defendant a new trial was in direct conflict with Rule 3.600, F.R.Cr.P., and hence was erroneous.

The order granting new trial set forth as the only basis therefor "that the Defendant was inadequately represented by Counsel because he (counsel) suffered from laryngitis...

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