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PARKER v. STATE

No. 87-2266.

530 So.2d 1084 (1988)

Antonio PARKER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 13, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Yvette Rhodes Prescott, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

ORDER PERMANENTLY ABATING CAUSE

PER CURIAM.

On January 10, 1988, during the pendency of this appeal from his conviction and sentence for grand theft, the appellant Antonio Parker died in custody. We conclude that, under these circumstances, permanent ab initio abatement of the prosecution, both in the trial court and in this one, is appropriate and is therefore hereby ordered. Cruz v. State,

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