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BURKE v. STATE

No. 79-2086.

404 So.2d 827 (1981)

Lawrence Patrick BURKE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 13, 1981.

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 Paul Mendelson, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Under Tibbs v. State, 397 So.2d 1120 (Fla. 1981), we are powerless to accept the appellant's position that, while the testimony introduced below supports the finding of his guilt, it is so inherently incredible and contrary to the weight of the evidence as to require a new trial "in the interest of justice."

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