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STATE v. FREEMAN

No. 56215.

380 So.2d 1288 (1980)

STATE of Florida, Petitioner, v. Cleveland FREEMAN, Respondent.

Supreme Court of Florida.

March 6, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Max Rudmann and Kenneth G. Spillias, Asst. Attys. Gen., West Palm Beach, for petitioner.

Richard L. Jorandby, Public Defender, and Peter D. Blanc and Jon May, Asst. Public Defenders, West Palm Beach, for respondent.

ALDERMAN, Justice.

This cause is before us to review the decision of the District Court of Appeal, Fourth District, 371 So.2d 114 (Fla.4th DCA 1978), which directly conflicts with Smith v. State, 375 So.2d 864 (Fla.3d DCA 1979), and Yost v. State, 243 So.2d 469 (Fla.3d DCA 1971). The sole question presented is whether a separate instruction on...

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