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McDOWELL v. STATE

No. 85-1507.

512 So.2d 1144 (1987)

Robert Lee McDOWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 24, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

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

ON REMAND

UPCHURCH, Chief Judge.

This case was previously considered by this court at 491 So.2d 594 (Fla. 5th DCA 1986). That decision was approved by the Florida Supreme Court at 509 So.2d 927 (Fla. 1987). However, the supreme court has remanded this case for consideration of a point not considered in the original opinion which the state conceded to be meritorious.

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