CHARLES HENRY SMITH, JR. V. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CHARLES HENRY MILLER, JR., Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. CASE NO. 1D05-1037 STATE OF FLORIDA, Respondent. Opinion filed March 9, 2005. Petition for Writ of Prohibition -- Original Jurisdiction. Jerry Allred, Pensacola, and M. James Jenkins, Pensacola, for petitioner. Charlie Crist, Attorney General, Tallahassee, for respondent. PER CURIAM. DENIED. See Smith v. State, 187 So. 2d 61 (Fla. 2d DCA 1966). ALLEN, DAVIS and BROWNING, JJ., concur.

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