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GOSS v. STATE

No. 80-555.

398 So.2d 998 (1981)

Steven William GOSS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 20, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Appellant was charged with and convicted of first degree murder, felony murder, sexual battery and kidnapping of the deceased female. He appeals, contending that the court erred in sustaining the kidnapping conviction and in refusing to grant a continuance when an out of state expert medical witness declined to appear and testify on his behalf.

Appellant fails to demonstrate an abuse of the court's discretion in denying the continuance.

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