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STATE v. BARTON

No. 70738.

523 So.2d 152 (1988)

STATE of Florida, Petitioner, v. Stanley James BARTON, Respondent.

Supreme Court of Florida.

March 31, 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 Kenneth Witts, Asst. Public Defender, Daytona Beach, for respondent.

GRIMES, Justice.

We have for review Barton v. State, 507 So.2d 638 (Fla. 5th DCA 1987), because of apparent conflict with Pitts v. State, 425 So.2d 542 (Fla. 1983). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution.

Stanley James Barton was convicted of attempted manslaughter,1 aggravated battery

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