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STATE v. STEWART

No. 54177.

374 So.2d 1381 (1979)

STATE of Florida, Petitioner, v. Wayne M. STEWART et al., Respondents.

Supreme Court of Florida.

September 6, 1979.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Robert J. Landry, Asst. Atty. Gen., Tampa, for petitioner.

Philip J. Padovano, Tallahassee, John T. Cook, South Pasadena, and J. Richard Rahter, St. Petersburg, for respondents.

ALDERMAN, Justice.

This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Second District, in State v. Stewart, 358 So.2d 583 (Fla. 2d DCA 1978). The district court has certified the following question:

In order to charge a felony, must an information alleging the sale of marijuana also allege that (a) the defendant has been previously convicted of a violation...

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