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MOSLEY v. STATE

No. 88-1858.

554 So.2d 2 (1989)

Charles Edward MOSLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 15, 1989.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED without prejudice to appellant's right to seek post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

WALDEN and WARNER, JJ., concur.

GARRETT, J., specially concurs with opinion.

GARRETT, Judge, concurring specially.

All parties agree that the record is devoid as to the reason the victim was in jail during appellant's trial. I believe, whatever the reason, the victim's incarceration should...

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