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FRANKS v. STATE

No. 84-410.

467 So.2d 400 (1985)

Sidney FRANKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and/or Certification of Question Denied May 8, 1985.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The dispositive issue on appeal is whether the Supreme Court's ruling in State v. Neil, 457 So.2d 481 (Fla. 1984), applies to cases tried before September 27, 1984, (the date of Neil's issuance). Relying on the Supreme Court's decision in Andrews v. State, 459 So.2d 1018 (Fla. 1984) (applying Neil to a case tried before Sept. 27, 1984),

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