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TROY v. STATE

No. 76-350.

341 So.2d 223 (1976)

Larry Frank TROY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 20, 1976.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Bennett H. Brummer, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Sidney M. Pertnoy, Asst. Atty. Gen., for appellee.

Before PEARSON and HENDRY, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

By an indictment the appellant was charged with the crime of first degree murder. Tried before a jury, he was found guilty of second degree murder. He was so adjudged, and was sentenced to imprisonment for a term of twenty-five years. His motion for new trial was denied on December 23, 1975. A timely appeal was not filed.

On February 27, 1976, the appellant filed a petition for a writ of habeas corpus in this court. Observing therein basis for...

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