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LAVALLEE v. STATE

No. 76-848.

351 So.2d 1048 (1977)

Thomas Joseph LAVALLEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 18, 1977.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Frank B. Kessler, Asst. Public Defender, and James K. Green, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Martha G. Madorsky, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Based upon this Court's decision in Prince v. State, 333 So.2d 63 (Fla.4th D.C.A. 1976), (which was not available to the trial court at the time the proceedings below transpired) the judgment of conviction and sentence of obtaining property by worthless check is reversed, with directions to grant defendant a new trial for failure of the trial court to charge the jury...

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