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GREGORY v. STATE

No. 66317.

475 So.2d 1221 (1985)

James Clarin GREGORY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied October 21, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for petitioner.

Jim Smith, Atty. Gen., and Gary W. Tinsley, Asst. Public Defender, Daytona Beach, for respondent.

PER CURIAM.

We have for review Gregory v. State, 458 So.2d 792 (Fla. 5th DCA 1984), which conflicts with decisions of other district courts of appeal and of this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The Fifth District Court of Appeal affirmed the decision of the trial court on the authority of Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984...

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