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STATE v. SPENCER

No. 74-1360.

316 So.2d 615 (1975)

STATE of Florida, Appellant, v. Dusty R. SPENCER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 21, 1975.

Attorney(s) appearing for the Case

Harry L. Roen, Asst. State Atty., Orlando, for appellant.

Richard L. Jorandby, Public Defender, and Kenneth J. Scherer, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

OWEN and DOWNEY, JJ., concur.

MAGER, J., dissents, with opinion.

MAGER, Judge (dissenting):

Most respectfully, I must disagree with the majority for reasons not dissimilar to those set forth in Mattier v. State, Fla. App. 1974, 301 So.2d 105, and State v. Nittolo, Fla.App. 1974, 303 So.2d 690.

In my humble opinion, the trial court's...

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