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SUMMERVILLE v. STATE

No. 61761.

441 So.2d 1072 (1983)

Royal Mack SUMMERVILLE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied January 12, 1984.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for petitioner.

Jim Smith, Atty. Gen., and Marlyn J. Altman and Robert L. Bogen, Asst. Attys. Gen., West Palm Beach, for respondent.

EHRLICH, Justice.

Petitioner seeks review of a denial of habeas corpus. Summerville v. State, 408 So.2d 836 (Fla. 4th DCA 1982). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution, based on conflict between the First District Court of Appeal, Carson v. Bishop, 378 So.2d 882 (Fla. 1st DCA 1979), and the Fourth District,

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