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TOSSIE v. STATE

No. 81-1132.

405 So.2d 775 (1981)

Ira Lee TOSSIE, a/K/a Bruce Tossie, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 11, 1981.

Attorney(s) appearing for the Case

Ira Lee Tossie, pro se.

No appearance for appellee.

PER CURIAM.

AFFIRMED.

See Ables v. State, 404 So.2d 137 (Fla. 5th DCA 1981).

FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.

DAUKSCH, C.J., concurs specially with opinion.

DAUKSCH, Chief Judge, concurring specially:

I agree we should affirm the decision of the trial judge but I do not understand the basis for the lower court's statement that it was "without authority or means to determine...

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