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ALBRITTON v. STATE

No. 66169.

476 So.2d 158 (1985)

Lloyd E. ALBRITTON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied October 23, 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. Atty. Gen., Daytona Beach, for respondent.

SHAW, Justice.

This case, Albritton v. State, 458 So.2d 320 (Fla. 5th DCA 1984), is before us because of direct and express conflict with Young v. State, 455 So.2d 551 (Fla. 1st DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The facts of the case are recited in the district court opinion. For our purposes, it is enough to say that the trial judge elected...

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