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STATE v. PRESLEY

Nos. 77-1825/T4-7, 77-2398/T4-7A.

389 So.2d 216 (1980)

STATE of Florida, Appellant, v. Robert PRESLEY, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 20, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Michael Dubiner, Asst. Public Defender, West Palm Beach, for appellee.

SHARP, Judge.

The State of Florida appeals the lower court's dismissal of a second degree murder charge against the defendant, Robert Presley; and Presley appeals the court's denial of his motion to suppress his confession. The two proceedings were consolidated on appeal. We affirm the denial of Presley's motion to suppress but we reverse the dismissal of the second degree murder charge.

Presley's accomplice or co-perpetrator of a robbery of the Howard Vernon...

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