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BANKS v. STATE

No. 78-2311.

380 So.2d 1312 (1980)

Aly Khan BANKS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 18, 1980.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before BARKDULL, HUBBART and SCHWARTZ, JJ.

PER CURIAM.

Affirmed.

HUBBART, Judge (dissenting).

I must respectfully dissent. In my view, the state's evidence at trial was unsatisfactory concerning the identity of the defendant as the perpetrator of the two robberies for which he was convicted in the trial court. I would, accordingly, reverse the convictions under review and remand the cause for a new trial based on the authority of Clark v. State, 98 Fla. 874, 124 So. 446 (1929), and ...

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