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MOSLEY v. STATE

No. 68,314.

492 So.2d 1071 (1986)

Carl Elbert MOSLEY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

August 21, 1986.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and Carl S. McGinnes, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Jim Smith, Atty. Gen. and Patricia Conners, Asst. Atty. Gen., Tallahassee, for respondent.

OVERTON, Justice.

This is a petition to review Mosley v. State, 482 So.2d 530 (Fla. 1st DCA 1986), in which the district court affirmed Mosley's sentence and certified the following question as being of great public importance:

Harris v. State, 438 So.2d 787 (Fla. 1983), recognizes a constitutional right of an accused in a capital case to have the jury

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