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CARTER v. STATE

No. 56084.

384 So.2d 1255 (1980)

T.R. CARTER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied July 21, 1980.

Attorney(s) appearing for the Case

Richard A. Kupfer, David Roth and Robert Q. Wyokoff, Jr. of Cone, Owen, Wagner, Nugent, Johnson, Hazouri & Roth, West Palm Beach, for petitioner.

Jim Smith, Atty. Gen., and Marc E. Kirk and Max Rudmann, Asst. Attys. Gen., West Palm Beach, and David H. Bludworth, State's Atty., and Barry Krischer, Asst. State's Atty., West Palm Beach, for respondent.

McDONALD, Justice.

This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, in State v. Carter, 364 So.2d 1249 (Fla. 4th DCA 1978), which is in apparent conflict with Brannen v. State, 94 Fla. 656, 114 So. 429 (1927). This Court has jurisdiction.1

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