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MACKERLEY v. STATE

No. SC00-714.

777 So.2d 969 (2001)

Alan MACKERLEY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied March 30, 2001.

Attorney(s) appearing for the Case

Paul Morris of the Law Offices of Paul Morris, P.A., Coral Gables, Florida; and Stephen H. Rosen of the Law Offices of Stephen H. Rosen, P.A., Coral Gables, FL, for Petitioner.

Robert A. Butterworth, Attorney General, Celia Terenzio, Assistant Attorney General, Bureau Chief, and Steven R. Parrish, Assistant Attorney General, West Palm Beach, FL, for Respondent.

PER CURIAM.

We have for review a decision which the district court certified as having passed upon the following question of great public importance:

Is it harmless error when a defendant is convicted by general verdict for first degree murder on the dual theories of premeditation and felony murder where the felony underlying the felony murder charge is based on a legally unsupportable theory of which the defendant is nevertheless convicted, and there is...

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