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STATE v. MITCHELL

No. 54244.

368 So.2d 591 (1979)

STATE of Florida, Petitioner, v. Jack L. MITCHELL, Respondent.

Supreme Court of Florida.

Rehearing Denied April 10, 1979.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for petitioner.

Jack O. Johnson, Public Defender, and Karal A.B. Rushing, Asst. Public Defender, Tampa, for respondent.

ALDERMAN, Justice.

We have for review the decision of the District Court of Appeal, Second District, in Mitchell v. State, 358 So.2d 238 (Fla. 2d DCA 1978), which directly conflicts with our recent decision in State v. Sobel, 363 So.2d 324 (Fla. 1978), decided after the district court's decision in this cause was rendered. The district court relied on the decision of the Third District...

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