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STATE v. BARRITT

No. 71624.

531 So.2d 338 (1988)

STATE of Florida, Petitioner, v. Anthony BARRITT, Respondent.

Supreme Court of Florida.

September 29, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Royall P. Terry, Jr., Asst. Atty. Gen., Tallahassee, for petitioner.

Michael E. Allen, Public Defender and P. Douglas Brinkmeyer and Pamela D. Presnell, Asst. Public Defenders, Second Judicial Circuit, Tallahassee, for respondent.

BARKETT, Justice.

We review Barritt v. State, 517 So.2d 65 (Fla. 1st DCA 1987), in which the district court held that reckless driving is a necessarily lesser included offense of vehicular homicide. The district court certified the following question as one of great public importance:

Is reckless driving a necessarily lesser included offense of vehicular homicide such that, where a court refuses to give the requested...

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