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STATE v. SMITH

Nos. 89-568, 90-1064.

589 So.2d 320 (1991)

STATE of Florida, Appellant/Cross Appellee, v. Roosevelt SMITH, Appellee/Cross Appellant. STATE of Florida, Appellant, v. Roosevelt SMITH, Appellee.

District Court of Appeal of Florida, First District.

September 26, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., for appellant/cross appellee.

Michael E. Allen, Public Defender; David P. Gauldin, Asst. Public Defender, for appellee/cross appellant.

ON MOTION FOR CLARIFICATION

PER CURIAM.

In Case No. 89-568, we dismissed the state's appeal in State v. Smith, 557 So.2d 904 (Fla. 1st DCA 1990). However, our order of dismissal left pending the cross appeal of appellee Roosevelt Smith wherein Smith asserts as his sole issue that the evidence was insufficient to convict Smith of the crime of burglary (Count I). We have examined the briefs and record and find such...

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