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STATE v. CLARK

No. 62485.

442 So.2d 209 (1983)

STATE of Florida, Petitioner, v. Ernie CLARK, Respondent.

Supreme Court of Florida.

December 8, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and David P. Gauldin, Asst. Atty. Gen., Tallahassee, for petitioner.

Carl S. McGinnes, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

BOYD, Justice.

This case is before us on petition for review of State v. Clark, 416 So.2d 13 (Fla. 1st DCA 1982). Our jurisdiction was invoked and the case accepted for review on the ground of express and direct conflict of decisions. Art. V, § 3(b)(3), Fla. Const.

Respondent was charged with burglary by an information which alleged in pertinent part that he

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