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STATE v. STAFFORD

No. 77395.

593 So.2d 496 (1992)

STATE of Florida, Petitioner, v. John STAFFORD, Respondent.

Supreme Court of Florida.

January 23, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender and Daniel J. Schafer, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent.

GRIMES, Justice.

We review Stafford v. State, 573 So.2d 884 (Fla. 5th DCA 1990), in which the court certified the following question to be of great public importance:

IN VIEW OF THE 1986 AMENDMENT TO THE COMMITTEE NOTE TO FLA. R.CRIM.P. 3.701(d)(5), MUST THE TRIAL COURTS SCORE AN OFFENSE FOR WHICH THE DEFENDANT WAS ON PROBATION AS "PRIOR RECORD" AT A VIOLATION OF PROBATION HEARING INVOLVING NEW SUBSTANTIVE OFFENSES...

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