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BEN v. STATE

No. 66,483.

493 So.2d 453 (1986)

Edward BEN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

September 4, 1986.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Tenth Judicial Circuit, Clearwater, for petitioner.

Jim Smith, Atty. Gen., and Robert J. Landry and Theda James Davis, Asst. Attys. Gen., Tampa, for respondent.

OVERTON, Justice.

We accepted jurisdiction in this cause, reported as Ben v. State, 461 So.2d 286 (Fla.2d DCA 1985), on the basis of conflict with Montsdoca v. State, 84 Fla. 82, 93 So. 157 (1922).* We quash the decision of the district court of appeal on the authority of Royal v. State, 490 So.2d 44 (Fla. 1986), and remand to the district court...

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