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STATE v. BLACKBURN

No. 78-1493/NT4-58.

378 So.2d 1258 (1979)

STATE of Florida, Appellant, v. Harlan A. BLACKBURN, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 30, 1980.

Attorney(s) appearing for the Case

Douglas Cheshire, Jr., State's Attorney, and Norman A. Tharp, Asst. State's Atty., Titusville, for appellant.

Richard S. Rhodes, P.A., and Edward R. Kirkland, P.A., Orlando, for appellee.

PER CURIAM.

The order of the trial court awarding the appellee a new trial is hereby reversed on the authority of Hallman v. State, 371 So.2d 482 (Fla. 1979). This disposition is without prejudice to the appellee to seek a writ of error coram nobis in accordance with the decision in Hallman v. State, supra.

ANSTEAD and MOORE, JJ., and WARREN, LAMAR, Associate...

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