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SMITH v. STATE

No. 4-86-2593.

510 So.2d 1005 (1987)

Gwen SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 2, 1987.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Thomas F. Ball III, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Gwen Smith was convicted of a criminal offense. We hold that reversible error was committed because the court allowed Ms. Smith to be impeached by a written statement without making a finding that the statement was voluntarily given. The record does not support the state's claim that such finding was implicitly made.

We reverse and remand for a new trial upon authority of Nowlin v. State,

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