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STATE v. KIRKLAND

No. 46123.

322 So.2d 480 (1975)

STATE of Florida, Petitioner, v. Charles Edward KIRKLAND and James Robert Luke, Respondents.

Supreme Court of Florida.

November 5, 1975.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for petitioner, cross-respondent.

Richard W. Ervin, III, Public Defender, for respondents, cross-petitioners.

OVERTON, Justice.

This is before us on petition for writ of certiorari to the First District Court of Appeal to review its decision reported at 299 So.2d 54 (Fla.App. 1st 1974). Conflict exists with our decisions in Steele v. Mayo, 72 So.2d 386 (Fla. 1954); Estevez v. State, 313 So.2d 692 (Fla. 1975); and Jenkins v. Wainwright,

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