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SPILLANE v. STATE

No. 83-2295.

458 So.2d 838 (1984)

Joseph T. SPILLANE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Request to Certify Denied December 5, 1984.

Attorney(s) appearing for the Case

Douglas N. Duncan and Robert P. Foley of Foley, Colton & Duncan, P.A., West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We have considered all of the points raised by the appellant and find no reversible error demonstrated. However, we recognize that our holding that vehicular homicide is a lesser included offense of DWI manslaughter conflicts with a decision of the Second District Court of Appeal in Mastro v. State, 448 So.2d 626 (Fla. 2d DCA 1984).

AFFIRMED.

DOWNEY, LETTS and HURLEY...

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