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LOWELL v. STATE

No. 83-566.

452 So.2d 10 (1984)

Paul LOWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 21, 1984.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Craig S. Barnard, Asst. Public Defender, and Thomas F. Ball, III (Member, South Carolina Bar), West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Defendant's conviction under Section 817.563, Florida Statutes (1981), is reversed on the authority of State v. Bussey, 444 So.2d 63 (Fla. 4th DCA, 1984), where the identical issue was recently decided. Also see Jollie v. State, 405 So.2d 418 (Fla. 1981).

REVERSED AND REMANDED WITH DIRECTIONS TO DISCHARGE DEFENDANT.

LETTS, GLICKSTEIN and WALDEN...

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