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HARDEE v. STATE

No. 71708.

534 So.2d 706 (1988)

John E. HARDEE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

December 8, 1988.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., and Mardi Levey Cohen, Asst. Atty. Gen., West Palm Beach, for respondent.

GRIMES, Justice.

We review Hardee v. State, 516 So.2d 110 (Fla. 4th DCA 1987). In order to explain the basis for our jurisdiction, it is first necessary to discuss the pertinent cases.

John Hardee was convicted under section 810.02(2)(b), Florida Statutes (1985), of burglary of a dwelling while armed with a dangerous weapon, a first-degree felony. Burglary of a dwelling is normally a second-degree felony, but section...

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