JOHNSON v. STATE

Nos. 50592, 51218.

366 So.2d 418 (1978)

John Murry JOHNSON, Petitioner, v. STATE of Florida, Respondent. Dale McCLAIN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

December 21, 1978.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, Miami, for Johnson.

Karen M. Gottlieb, Asst. Public Defender, Miami, for McClain, petitioners.

Robert L. Shevin, Atty. Gen., and Arthur Joel Berger, Asst. Atty. Gen., Miami, and Ira N. Loewy, Asst. Atty. Gen., Miami, for respondent.


BOYD, Justice.

The two instant cases are here on certiorari granted to review the decisions of the District Court of Appeal, Third District, in Johnson v. State, 338 So.2d 556 (Fla. 3d DCA 1977) and McClain v. State, 341 So.2d 1075 (Fla. 3d DCA 1977). Since these decisions conflict with our holding in Cone v. State,

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