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STATE v. KITCHENS

No. 79-2210.

399 So.2d 503 (1981)

STATE of Florida, Appellant, v. Anthony KITCHENS, Appellee.

District Court of Appeal of Florida, Fourth District.

June 10, 1981.

Attorney(s) appearing for the Case

David H. Bludworth, State Atty., and Deborah Dale Pucillo, Asst. State Atty., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

Affirmed on the authority of McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819 (1943); and Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479 (1957).

LETTS, C.J., and ANSTEAD, J., concur.

HURLEY, J., concurs specially with opinion.

HURLEY, Judge, concurring specially.

I concur only in the judgment of the court...

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