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350 So. 2d 461

State v. Britton

Supreme Court of Florida

Decided September 22, 1977

Supreme Court of Florida · decided 1977-09-22

Relies on Lomax v. State · 322 So. 2d 650 - Lomax v. State · Wright v. Wright

Decided 1977-09-22

PER CURIAM.

¶1We have for review by certiorari a decision of the District Court of Appeal, First District, Britton v. State, 339 So.2d 256, which allegedly conflicts with the decision of the District Court of Appeal, Second District, in Lomax v. State, 322 So.2d 650.

¶2Subsequent to the filing of this petition for certiorari, we quashed the decision of the District Court of Appeal, Second Dis*462trict, in Lomax v. State, supra. See Lomax v. State, 345 So.2d 719 (Fla.1977).

¶3We approve the decision of the District Court of Appeal, First District, in the case sub judice. The writ of certiorari is therefore discharged.

¶4It is so ordered.

ADKINS, BOYD, SUNDBERG and HATCHETT, JJ., concur.OVERTON, C. J., dissents.
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