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HARVEY v. STATE

No. 83-255.

448 So.2d 578 (1984)

Henry HARVEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 12, 1984.

Attorney(s) appearing for the Case

Aaron A. Green, P.A., Gainesville, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Appellant, Henry Harvey, was convicted below of keeping a gambling house pursuant to section 849.01, Florida Statutes (1981).1 He raises three issues on appeal: (1) the trial court's admission into evidence of his beverage license, which was procured through prosecutorial misconduct; (2) sufficiency of the evidence; and (3) prejudice resulting from an erroneous standard jury instruction. Because of our determination in regard...

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