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McDONNOUGH v. STATE

No. 80-1381.

402 So.2d 1233 (1981)

Bradford Glenn McDONNOUGH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 2, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

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

COBB, Judge.

Appellant McDonnough was tried and convicted of aggravated battery1 and robbery.2 He appeals the judgment. Of the points raised on appeal, we find merit in a portion of one point and will confine our opinion to that partial point.

In conformity with Florida Rule of Criminal Procedure 3.200 (1980), McDonnough filed a Notice of Intention To Claim Alibi more than ten days prior to trial. During...

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