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EVANS v. STATE

No. 91-01685.

594 So.2d 835 (1992)

Joshua EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 26, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. See Davis v. State, 528 So.2d 521 (Fla.2d DCA), review denied, 536 So.2d 243 (Fla. 1988).

DANAHY, A.C.J., and THREADGILL, J., concur.

PARKER, J., concurs specially.

PARKER, Judge, concurring specially.

I concur with the majority. But for this court's opinion in Davis, I would reverse this case because the record fails to show that Evans waived the trial court...

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