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SPARKS v. STATE

No. 80-301.

394 So.2d 200 (1981)

John SPARKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 18, 1981.

Attorney(s) appearing for the Case

Elton H. Schwarz, Public Defender, and Howardene Garrett, Asst. Public Defender, Fort Pierce, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed on the authority of Barnhill v. State, 393 So.2d 557, (Fla. 4th DCA 1980). Provided, however, in order to preserve appellant's rights we certify the following question:

[I]s a person excluded from mandatory classification under section 958.04[2][a], Florida Statutes (Supp. 1978) when prior to sentencing the offender has been found guilty of a qualifying felony under the act and has simultaneously...

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