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STATE v. GUNN

No. 79-278.

381 So.2d 1186 (1980)

STATE of Florida, Appellant, v. Randy Clayton GUNN, Appellee.

District Court of Appeal of Florida, Second District.

March 26, 1980.

Attorney(s) appearing for the Case

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

No appearance for appellee.

OTT, Judge.

Gunn was prosecuted for robbery and the jury acquitted him. During the trial, he testified that he had neither procured nor attempted to procure anyone else to commit the robbery. This testimony was in direct conflict with that of his alleged accomplice, Eaves, who previously had been tried separately and convicted of the crime.

The state thereafter filed an information charging Gunn with perjury, but...

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