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HIGGINS v. STATE

No. 75110.

565 So.2d 698 (1990)

Thomas HIGGINS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 12, 1990.

Attorney(s) appearing for the Case

Barbara M. Linthicum, Public Defender, and Nancy L. Showalter, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for respondent.

McDONALD, Justice.

We review Higgins v. State, 553 So.2d 177, 179 (Fla. 1st DCA 1989), because the court certified the following question:

IS SECTION 806.01(2), FLA. STAT., SECOND DEGREE ARSON, A NECESSARILY INCLUDED OFFENSE OF § 806.01(1), FLA. STAT., FIRST DEGREE ARSON?

We have jurisdiction under article V, section 3(b)(4), Florida Constitution, and answer...

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