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BENNETT v. STATE

No. 83-826.

449 So.2d 299 (1984)

Gerald BENNETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied April 4, 1984.

Attorney(s) appearing for the Case

Richard Hersch of Law Offices of Richard Hersch, South Miami, for appellant.

Jim Smith, Atty. Gen., Tallahassee, James P. McLane, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

GLICKSTEIN and WALDEN, JJ., concur.

ANSTEAD, C.J., dissents with opinion.

ANSTEAD, Chief Judge, dissenting.

I would reverse on the authority of Newton v. State, 378 So.2d 297 (Fla. 4th DCA 1980), cert. denied, 389 So.2d 1115...

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