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STEWART v. STATE

No. 80-1640.

390 So.2d 405 (1980)

Gary Wayne STEWART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 17, 1980.

Attorney(s) appearing for the Case

Jeffery Garmel, of Florida Institutional Legal Services, Inc., Gainesville, for appellant.

No appearance on behalf of appellee.1

PER CURIAM.

AFFIRMED on the authority of Wheeler v. State, 344 So.2d 244 (Fla. 1977), cert. denied, 440 U.S. 924, 99 S.Ct. 1254, 59 L.Ed.2d 478 (1979). The appellant's motion to file a brief concerning the retroactivity of Roberts v. State, 335 So.2d 285 (Fla. 1976), is denied, but this Court has considered the memorandum accompanying the motion for leave to submit brief which...

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