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STATE v. GORDON

Nos. 66213, 66273.

478 So.2d 1063 (1985)

STATE of Florida, Petitioner, v. Clifford Wayne GORDON, Respondent. Clifford Wayne GORDON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied December 27, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for petitioner/respondent.

James B. Gibson, Public Defender and Larry B. Henderson, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent/petitioner.

OVERTON, Justice.

This is a petition to review Gordon v. State, 457 So.2d 1095 (Fla. 5th DCA 1984), in which Gordon was convicted and sentenced for second-degree murder, DWI manslaughter, and leaving the scene of an accident with injuries. The district court of appeal affirmed the sentence for second-degree murder, but vacated the DWI manslaughter conviction, certifying the following

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