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FLOWERS v. STATE

No. 76-1727.

353 So.2d 1259 (1978)

Jack Junior FLOWERS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 17, 1978.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Irv J. Lamel, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Linda Collins Hertz and Jose R. Rodriguez, Asst. Attys. Gen., for appellee.

Before HAVERFIELD, C.J., and PEARSON and HENDRY, JJ.

PEARSON, Judge.

The single point presented on this appeal is whether the trial judge erred in adjudging the defendant competent to stand trial because the burden of proving his incompetency was placed on the defendant.1 The State has accepted the appellant's statement of facts which is, in part, as follows:

On January 15, 1975, an indictment was filed charging the defendant with first...

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