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GIDDINGS v. STATE

No. 82-851.

442 So.2d 336 (1983)

Clifford James GIDDINGS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 8, 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 Shawn L. Briese, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED on authority of Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), and Taylor v. State, 138 Fla. 762, 190 So. 262 (1939).

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

COWART, J., concurs specially with opinion.

COWART, Judge, concurring specially:

This is another double jeopardy case with an identity of offense problem. The issue is whether...

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