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ANTHONY v. STATE

No. 92-580.

619 So.2d 12 (1993)

James ANTHONY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 10, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara C. Davis, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

HARRIS and GRIFFIN, JJ., concur.

DAUKSCH, J., concurs specially with opinion.

DAUKSCH, Judge, concurring specially.

This is a case of first degree murder. The evidence of guilt of appellant was based solely on circumstantial evidence; there was no direct evidence that appellant committed the crime. The circumstances pointing to appellant's guilt were strong and had the court given the old circumstantial evidence...

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