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STATE v. KIRKLAND

No. 79-1762.

403 So.2d 588 (1981)

The STATE of Florida, Appellant, v. Benjamin KIRKLAND, Appellee.

District Court of Appeal of Florida, Third District.

September 11, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Janet Reno, State Atty., and Ira N. Loewy, Asst. State Atty., for appellant.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellee.

Before HUBBART, C.J., and HENDRY and BASKIN, JJ.

ORDER ON MANDATE

PER CURIAM.

WHEREAS, the judgment of this court was entered on June 24, 1980 (384 So.2d 1328) affirming the judgment and sentence of the Circuit Court for Dade County, Florida, in the above styled cause; and

WHEREAS, on review of this court's judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed July 30, 1981, 401 So.2d 1335

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