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269 So. 2d 664

State v. Davis

Supreme Court of Florida

Decided November 29, 1972

Supreme Court of Florida · decided 1972-11-29

Decided 1972-11-29

PER CURIAM.

¶1The petition for writ of certiorari reflected apparent jurisdiction in this Court. We issued the writ and have heard argument of the parties. Upon further consideration of the matter we have determined that the cited decisions present no direct conflict as required by Article V, Section 4, Florida Constitution, F.S.A. Therefore, the writ must be and is hereby discharged.

¶2It is so ordered.

ERVIN, CARLTON, BOYD and Mc-CAIN, JJ., and LEE, Circuit Judge, concur. DEKLE, J., dissents with opinion. ROBERTS, C. J., dissents and agrees with DEKLE, J.
DEKLE, Justice

¶3(dissenting):

¶4I respectfully dissent in accord with the clear analysis expressed in the dissent of Judge Wigginton to the district court opinion.

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