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KILLEEN v. STATE

No. 89-01502.

572 So.2d 1015 (1991)

Michael KILLEEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 4, 1991.

Attorney(s) appearing for the Case

Peter D. Ringsmuth, Fort Myers, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

ON MOTION TO STAY MANDATE

PER CURIAM.

After the mandate issued in this case, the appellant moved this court for a motion to stay the mandate because the supreme court subsequently decided Wilhelm v. State, 568 So.2d 1 (Fla. 1990). The appellant claims that Wilhelm is controlling and requires reversal because the identical jury instruction disapproved in Wilhelm was given in the instant case. We stayed...

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