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GOODPASTER v. STATE

No. 89-2248.

564 So.2d 1152 (1990)

Edward L. GOODPASTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 8, 1990.

Attorney(s) appearing for the Case

Kent G. Whittemore of Whittemore & Ramsberger, P.A., St. Petersburg, and James D. Whittemore, P.A., Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

COWART, J., and ORFINGER, M., Associate Judge, concur.

GRIFFIN, J., concurs specially with an opinion.

GRIFFIN, Judge, concurring specially.

Appellant was charged with violation of section 713.34(3), Florida Statutes (1985), fraudulent misuse of construction funds. The evidence at trial revealed that appellant (falsely) signed a lien waiver affidavit to obtain the first construction draw from the lender. He then...

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