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STATE v. McCALL

No. 70345.

524 So.2d 663 (1988)

STATE of Florida, Petitioner, v. Travis Gene McCALL, Respondent.

Supreme Court of Florida.

May 12, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender and Michael S. Becker, Asst. Public Defender, Daytona Beach, for respondent.

EHRLICH, Justice.

We have for review McCall v. State, 503 So.2d 1306 (Fla. 5th DCA 1987), which expressly and directly conflicts with decisions of other district courts of appeal. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Travis McCall was charged by indictment with the first degree murder of Winston Bain. A jury trial was conducted and the jury rendered a verdict finding McCall guilty of second degree...

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