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HOLMES v. STATE

No. DD-398.

342 So.2d 134 (1977)

Horace Billie HOLMES, Appellant (Defendant), v. STATE of Florida, Appellee (State).

District Court of Appeal of Florida, First District.

February 11, 1977.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and Theodore E. Mack, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for appellee.

MILLS, Judge.

The question raised by this appeal is whether the legislature provided a punishment for the offense of leaving the scene of an accident involving personal injury without willful intent, an included offense and a misdemeanor by court construction of Section 316.027, Florida Statutes (1975). State ex rel. Miller v. Patterson, 284 So.2d 9 (Fla. 2d D.C.A. 1973), and

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