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STATE v. EATON

No. 4-86-1097.

498 So.2d 1066 (1986)

STATE of Florida, Appellant, v. Robert EATON, Appellee.

District Court of Appeal of Florida, Fourth District.

December 24, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Noel A. Pelella, Asst. Atty. Gen., West Palm Beach, for appellant.

Harry Gulkin of Harry Gulkin, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

We reverse on the authority of State v. Cohn, 284 So.2d 426 (Fla. 3d DCA 1973).

REVERSED.

DOWNEY and GUNTHER, JJ., concur.

GLICKSTEIN, J., concurs specially with opinion.

GLICKSTEIN, Judge, concurring specially.

I agree with the reversal here, and the reliance upon State v. Cohn. I write primarily because Cohn relied upon a decision of the Fifth Circuit Court...

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