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BURNS v. STATE

No. 74-1338.

326 So.2d 195 (1976)

Andre Rizzuto BURNS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 6, 1976.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Elliot R. Brooks, Asst. Public Defender, and Craig Barnard, Legal Intern, West Palm Beach, for appellant.

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

PER CURIAM.

Affirmed.

CROSS and OWEN, JJ., concur.

WALDEN, C.J., dissents, with opinion.

WALDEN, Chief Judge (dissenting):

I would reverse and remand for a new trial on the basis that appellant's first point is meritorious, it being:

Whether the trial court erred in admitting testimony of a prior collateral offense to prove identity when identity was no longer an issue, when the prior...

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