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GAINER v. STATE

No. 51951.

356 So.2d 311 (1978)

Sylvester GAINER, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

March 9, 1978.

Attorney(s) appearing for the Case

Randolph Murrell, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen. and Raymond L. Marky, Asst. Atty. Gen., for appellee.

PER CURIAM.

Affirmed. Johnson v. State, 351 So.2d 10 (Fla. 1977).

OVERTON, C.J., and BOYD, ENGLAND, HATCHETT and KARL, JJ., concur.

ADKINS, J., dissents.

SUNDBERG, Justice, dissenting:

I dissent on the basis of Spears v. State, 337 So.2d 977

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