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STATE v. FERNANDEZ

No. 86-1888.

507 So.2d 1154 (1987)

The STATE of Florida, Appellant, v. Juan FERNANDEZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 16, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., and Mark S. Sussman, Certified Legal Intern, for appellant.

Carl L. Masztal, Miami, for appellee.

Before HENDRY, NESBITT and JORGENSON, JJ.

PER CURIAM.

Affirmed. See State v. McLaughlin, 454 So.2d 617 (Fla. 5th DCA 1984); United States v. Freire, 710 F.2d 1515 (11th Cir.1983), cert. denied, 465 U.S. 1023, 104 S.Ct. 1277, 79 L.Ed.2d 681 (1984); cf. Sims v. State, 425 So.2d 563 (Fla. 4th DCA 1982), review denied, 436 So.2d 100 (Fla. 1983). See Simon v. State,

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