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STATE v. BOIVIN

No. 64368.

487 So.2d 1037 (1986)

STATE of Florida, Petitioner, v. Jules BOIVIN, Respondent.

Supreme Court of Florida.

Rehearing Denied May 30, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Calianne P. Lantz, Asst. Atty. Gen., Miami, for petitioner.

Jules M. Boivin, in pro. per.

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, Miami, for respondent.

McDONALD, Justice.

We have for review yet another case because of conflict over what is and what is not a lesser included offense. We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and we quash in part and approve in part Boivin v. State, 436 So.2d 1074 (Fla. 3d DCA 1983).

In this case the district court relied on Bell v. State, 437 So.2d 1057 (Fla....

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