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BROWN v. STATE

No. 87-28.

513 So.2d 1107 (1987)

Daniel BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 15, 1987.

Attorney(s) appearing for the Case

James Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED. See Albritton v. State, 476 So.2d 158 (Fla. 1985).

DAUKSCH and COBB, JJ., concur.

ORFINGER, J., dissents with opinion.

ORFINGER, Judge, dissenting.

I reluctantly dissent because I am convinced that Albritton v. State, 476 So.2d 158 (Fla. 1985), relied on by the majority for affirmance, as that case has been most

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