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WILLINSKY v. STATE

No. 49330.

360 So.2d 760 (1978)

Harvey Robert WILLINSKY, Petitioner, v. The STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied July 20, 1978.

Attorney(s) appearing for the Case

Thomas A. Wills, of Law Offices of Philip Carlton, Jr., Miami, for petitioner.

Robert L. Shevin, Atty. Gen., Tallahassee, Charles W. Musgrove, Asst. Atty. Gen., Tallahassee, and Margarita Esquiroz, Asst. Atty. Gen., Miami, for respondent.

ADKINS, Justice.

By petition for certiorari we have for review a decision of the District Court of Appeal, Third District, (Willinsky v. State, 328 So.2d 537 [Fla. 3d DCA 1976]), which allegedly conflicts with a prior decision of this Court (Bennett v. State, 316 So.2d 41 [Fla. 1975]) and a prior decision of the Third District Court of Appeal (Jones v. State,

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