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PACE v. STATE

No. 76-2010.

350 So.2d 1075 (1977)

Frank Anthony PACE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 11, 1977.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Frank B. Kessler, Chief, Appellate Division, and Tatjana Ostapoff, Legal Intern, West Palm Beach, for petitioner.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for respondent.

LETTS, Judge.

The petition for a common law writ of certiorari is herewith denied upon the authority of the recent decision by the Florida Supreme Court in State v. Heath, 343 So.2d 13 (Fla. 1977).

We recognize that the Heath case overrules certain dictum in Pace v. State, 335 So.2d 11 (Fla. 4th DCA 1976). Accordingly, we recede from any position in Pace v. State...

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