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FERGUSON v. STATE

No. 55974.

377 So.2d 709 (1979)

Carl A. FERGUSON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

December 6, 1979.

Attorney(s) appearing for the Case

Enrique Escarraz, III, St. Petersburg, for petitioner.

Jim Smith, Atty. Gen., and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for respondent.

SUNDBERG, Justice.

This cause is before us on petition for writ of certiorari to review State v. Ferguson, 365 So.2d 788 (Fla. 2d DCA 1978), which has passed upon a question certified by the district court to be of great public interest. We are presented with the question of whether habitual use of a person's premises for gambling is an essential element of the second part of section 849.01, Florida Statutes (1975) (keeping...

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