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DEROCK v. STATE

No. 83-1342.

461 So.2d 1373 (1985)

Roy Thomas DEROCK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 6, 1985.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Lorrie Robinson, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

HERSEY and GLICKSTEIN, JJ., concur.

HURLEY, J., dissents with opinion.

HURLEY, Judge, dissenting.

When the defendant, Roy DeRock, appeared before the court for arraignment on charges of kidnapping and sexual battery, he elected to stand mute. Therefore, in accord with Rule 3.170(c), Fla.R.Crim.P., the trial court entered a plea of not guilty on behalf of the defendant...

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