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GARLAND v. STATE

No. 80-554.

404 So.2d 772 (1981)

Billy D. GARLAND, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 19, 1981.

Attorney(s) appearing for the Case

Chester A. Parker, III, Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Barbara Ann Butler, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

Appellant seeks reversal on the ground that a severance should have been granted so he could call his co-defendant as a witness. There is some indication that a severance should have been granted but we find that appellant failed to present the matter in accordance with State v. Talavera, 243 So.2d 595 (Fla. 1971), and, therefore,

AFFIRM.

DAUKSCH, C.J., and ORFINGER...

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