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CUMBIE v. STATE

No. 49134.

345 So.2d 1061 (1977)

Marvin Leroy CUMBIE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied May 31, 1977.

Attorney(s) appearing for the Case

Donald G. Nichols of Dawson, Galant, Maddox, Sulik & Nichols, Jacksonville, for petitioner.

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

BY THE COURT:

We have before us for review upon a writ of certiorari a decision of the First District Court of Appeal reported at 327 So.2d 67 which on its face directly conflicts with this Court's decision in Richardson v. State, 246 So.2d 771 (Fla. 1971). We have jurisdiction under Article V, Section 3(b)(3) of the Florida Constitution.

The sole issue before us is whether the...

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