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HARTMAN v. STATE

No. DD-154.

346 So.2d 1043 (1977)

Donald Eugene HARTMAN, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied June 27, 1977.

Attorney(s) appearing for the Case

Dan R. Warren, Judge & Warren, Daytona Beach, for petitioner.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., for respondent.

PER CURIAM.

Defendant petitioned this court for common law writ of certiorari after the Circuit Court of Volusia County affirmed his county court conviction under Section 316.028, Florida Statutes (1975). Were this a direct appeal we would be inclined to reverse on the ground that the state had failed to exclude every reasonable hypothesis except that of defendant's guilt. See State v. Allen, 335 So.2d 823 (Fla. 1976). To...

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