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HEATON v. STATE

No. 75-481.

326 So.2d 23 (1976)

William Aaron HEATON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 30, 1976.

Attorney(s) appearing for the Case

Edward M. Kay of Varon, Stahl & Kay, Hollywood, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

OWEN and DOWNEY, JJ., concur.

MAGER, J., dissents, with opinion.

MAGER, Judge (dissenting):

It appears to me from a reading of the recent decisions in Jarriel v. State, Fla. App. 4th 1975, 317 So.2d 141, and M.D.B. v. State, Fla.App. 4th 1975, 311 So.2d 399, that the defendant's confession was not "free

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