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STATE v. BROOM

No. 87-2366.

523 So.2d 639 (1988)

STATE of Florida, Appellant, v. Anthony W. BROOM, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 22, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellant.

Bruce G. Howie of Tanney, Forde, Donahey, Eno & Tanney, P.A., Clearwater, for appellee.

PER CURIAM.

The state appeals an order granting a petition for writ of habeas corpus and ordering that appellee be retried within 120 days or be released from custody. We reverse.

Following a jury trial in Polk County Circuit Court, appellee was found guilty of second-degree murder and sentenced to life imprisonment. He appealed his conviction to this court, and the judgment and sentence were affirmed. Broom v. State, 422 So.2d 848 (Fla. 2d DCA 1982...

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