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GAINEY v. STATE

No. 86-2235.

518 So.2d 309 (1987)

Alvin Louis GAINEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 12, 1988.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Laura Griffin, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and William I. Munsey, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Judge.

Appellant invites us to recede from our opinion in Hoefert v. State, 509 So.2d 1090 (Fla. 2d DCA 1987), which was followed in Sims v. State, 513 So.2d 671 (Fla. 2d DCA 1987), Washington v. State, 508 So.2d 565 (Fla. 2d DCA 1987) and Smith v. Wainwright, 508 So.2d 768 (Fla. 2d DCA 1987...

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