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DIRK v. STATE

No. 85-438.

478 So.2d 1190 (1985)

Gary Marshall DIRK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 29, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

After an examination of the record as directed in Bundy v. State, 471 So.2d 9 (Fla. 1985), we find the circumstantial evidence sufficient to sustain the jury verdicts and judgments of conviction even excluding all evidence possibly tainted by the hypnotically refreshed testimony. There is no reasonable possibility that such evidence contributed to the conviction.

Imprisonment for life is the statutory...

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