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HERRINGTON v. STATE

No. 72452.

538 So.2d 850 (1989)

James Otis HERRINGTON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

February 23, 1989.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Gary Caldwell, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and Amy Lynn Diem and Michael J. Hellman, Asst. Attys. Gen., West Palm Beach, for respondent.

GRIMES, Judge.

We review Herrington v. State, 524 So.2d 509 (Fla. 4th DCA 1988), because of conflict with Green v. State, 475 So.2d 235 (Fla. 1985). We have jurisdiction based on article V, section 3(b)(3), of the Florida Constitution.

Herrington was charged with and convicted of second-degree murder. On appeal, he complained of...

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