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STATE v. SMITH

No. 65157.

462 So.2d 1102 (1985)

STATE of Florida, Petitioner, v. Clifford Talmadge SMITH, Respondent.

Supreme Court of Florida.

January 24, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Gregory C. Smith, Asst. Atty. Gen., Tallahassee, for petitioner.

Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

BOYD, Chief Justice.

This cause is before the Court on petition of the State of Florida for review of the decision of the district court of appeal reported as Smith v. State, 445 So.2d 1050 (Fla. 1st DCA 1984). The district court certified that its decision passed upon a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Respondent was charged with second-degree murder and...

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