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McMURTROY v. STATE

No. 79-1093.

400 So.2d 547 (1981)

Jerry McMURTROY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 30, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, DANIEL S. PEARSON and FERGUSON, JJ.

DANIEL S. PEARSON, Judge.

McMurtroy primarily complains that the prosecutor's non-disclosure of a statement made by the defendant to Ms. Whyte, the victim of the burglary, prejudiced his right to a fair trial and that the trial court's finding to the contrary, after a Richardson hearing,1 is unsupportable.

Initially, McMurtroy was charged with two separate burglaries and attendant robberies arising out of alleged entries into two...

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