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WASHBURN v. STATE

No. 95-3064.

683 So.2d 533 (1996)

Richard WASHBURN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 4, 1996.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joan L. Greenberg, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

GUNTHER, C.J., concurs.

STONE J., concurs specially with opinion.

PARIENTE, J., dissents with opinion.

STONE, Judge, concurring specially.

I write separately to comment in response to the dissent that, in my view, Fenelon v. State, 594 So.2d 292 (Fla.1992) is inapposite, and to note that the standard jury instruction in question was not an improper comment on the...

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