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STATE v. MORAN

No. 89-1336.

561 So.2d 685 (1990)

STATE of Florida, Appellant, v. Willard J. MORAN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 27, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Celia A. Terenzio, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellee.

DOWNEY, Judge.

Affirmed upon authority of Bernadini v. State, 540 So.2d 132 (Fla. 5th DCA 1989) and State v. Hall, 538 So.2d 468 (Fla. 5th DCA 1989).

WARNER, J., concurs.

HERSEY, C.J., concurs specially with opinion.

HERSEY, Chief Judge, concurring specially.

The assumption behind the holdings in both cases relied upon in our opinion here is that a...

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