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STATE v. PINDER

No. 55369.

375 So.2d 836 (1979)

STATE of Florida, Petitioner, v. Alfred Jerome PINDER, Respondent.

Supreme Court of Florida.

Rehearing Denied October 31, 1979.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Michael A. Palecki, Asst. Atty. Gen., Tampa, for petitioner.

Jack O. Johnson, Public Defender and Paul C. Helm, Asst. Public Defender, Bartow, for respondent.

ALDERMAN, Justice.

The district court of appeal has certified the following question of great public interest passed upon in its decision of Pinder v. State, 366 So.2d 38 (Fla. 2d DCA 1978):

CAN A DEFENDANT BE CONVICTED AND PUNISHED FOR BOTH FIRST-DEGREE MURDER AND AN UNDERLYING FELONY ENUMERATED IN § 782.04(1) WHERE: (A) THE DEFENDANT IS CHARGED WITH PREMEDITATED...

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