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FLARITY v. STATE

No. 87-337.

527 So.2d 295 (1988)

James L. FLARITY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 23, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED. See Peek v. Wainwright, 393 So.2d 1175 (Fla. 3d DCA 1981). See also Reynolds v. State, 516 So.2d 1094 (Fla. 5th DCA 1987).

ORFINGER, J., and UPCHURCH, F.D., Judge, Retired, concur.

COWART, J., dissents with opinion.

COWART, Judge, dissenting.

In Flarity v. State, 499 So.2d 18, 19 (Fla...

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