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SMITH v. STATE

No. 82-340.

434 So.2d 18 (1983)

Elbert Roy SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 30, 1983.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The defendant below, Elbert Roy Smith, was charged with two counts of sexual battery, robbery, kidnapping, armed burglary, burglary, and shooting into a dwelling. These charges all arose from one episode. In addition, in Case No. 82-01, Smith was charged with possession of a firearm by a convicted felon. This latter charge was consolidated for trial with the other counts over objection by the defense. This was error and, pursuant to established authority...

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