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STATE v. HENDERSON

No. 70789.

521 So.2d 1113 (1988)

STATE of Florida, Petitioner, v. James HENDERSON, Respondent.

Supreme Court of Florida.

March 17, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Joseph N. D'Achille, Jr. and Kellie A. Nielan, Asst. Attys. Gen., Daytona Beach, for petitioner.

Mark S. Blechman of Lubet & Woodard, P.A., Orlando, for respondent.

GRIMES, Justice.

We review Henderson v. State, 507 So.2d 632 (Fla. 5th DCA 1987), because of conflict with Tyus v. Apalachicola Northern Railroad Co., 130 So.2d 580 (Fla. 1961). Our jurisdiction is predicated upon article V, section 3(b)(3) of the Florida Constitution.

James Henderson was convicted of second-degree murder, use of a firearm in the commission of a felony and...

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