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STATE v. McGRAW

No. 59707.

401 So.2d 1325 (1981)

STATE of Florida, Petitioner, v. Thomas David McGRAW, Respondent.

Supreme Court of Florida.

July 23, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Gregory C. Smith, Asst. Atty. Gen., Tallahassee, for petitioner.

Louis G. Carres and Theodore E. Mack, Asst. Public Defenders, Tallahassee, for respondent.

PER CURIAM.

The instant decision of the First District Court of Appeal reported at 387 So.2d 444 (Fla. 1st DCA 1980), is quashed and remanded for consideration in light of this Court's decision in Ensor v. State, 403 So.2d 349 (Fla. 1981).

It is so ordered.

SUNDBERG, C.J., and OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.

ADKINS and BOYD, JJ., dissent.

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