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BATTLE v. STATE

No. 76-1202.

362 So.2d 464 (1978)

John Henry BATTLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 13, 1978.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Frank B. Kessler, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Marsha G. Madorsky and Joy B. Shearer, Asst. Attys. Gen., West Palm Beach, for appellee.

DOWNEY, Chief Judge.

ON PETITION FOR REHEARING

In his petition for rehearing the appellee has pointed out that in the recent case of State v. Abreau, 363 So.2d 1063 (1978) by the Supreme Court of Florida, the court held that the rule set forth in DeLaine v. State, 262 So.2d 655 (Fla. 1977), is still the law of Florida. Having reconsidered our opinion filed June 7, 1978...

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