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STATE v. BROWN

No. 75-1931.

343 So.2d 629 (1977)

STATE of Florida, Appellant, v. Katie Mae BROWN, Appellee.

District Court of Appeal of Florida, Fourth District.

February 11, 1977.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and James R. Merola, Special Asst. Public Defender, West Palm Beach, for appellee.

ON PETITION FOR REHEARING

PER CURIAM.

Petition for rehearing is granted.

The opinion published September 17, 1976 is withdrawn and the order of the trial court granting appellee a new trial is affirmed. See Fulton v. State, 335 So.2d 280 (Fla. 1976).

AFFIRMED.

MAGER, C.J., and CROSS, J., concur.

DOWNEY, J., dissents, with opinion.

DOWNEY, Judge, dissenting:

A majority...

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