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BOEHMER v. STATE

No. 67446.

489 So.2d 1130 (1986)

Hugh Francis BOEHMER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

June 19, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Christopher S. Quarles, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.

Jim Smith, Atty. Gen. and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for respondent.

ADKINS, Justice.

We have for review Boehmer v. State, 472 So.2d 555 (Fla. 5th DCA 1985), which the district court certified as conflicting with Boynton v. State, 473 So.2d 703 (Fla. 4th DCA), aff'd, 478 So.2d 351 (Fla. 1985), cert. denied, 106 S.Ct. 1232 (1986), and Jackson v. State, 454 So.2d 691

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