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FAULS v. SHERIFF OF LEON COUNTY

No. 59368.

394 So.2d 117 (1981)

Daniel J. FAULS, Petitioner, v. SHERIFF OF LEON COUNTY, Florida, Respondent.

Supreme Court of Florida.

January 29, 1981.

Attorney(s) appearing for the Case

Joseph P. Mawhinney of the Law Offices of John A. Barley, Tallahassee, for petitioner.

Jim Smith, Atty. Gen., and David P. Gauldin, Asst. Atty. Gen., Tallahassee, for respondent.

ALDERMAN, Justice.

The First District Court of Appeal has certified that its en banc decision in Fauls v. Sheriff of Leon County, Florida, 384 So.2d 238 (Fla. 1st DCA 1980), conflicts with the Third District Court of Appeal's decision in Bentzel v. State, 365 So.2d 441 (Fla. 3d DCA 1978). The issue is whether the trial court committed fundamental error that could be raised for the...

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