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MILLER v. STATE

No. 91-02157.

595 So.2d 1112 (1992)

Reginald MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 3, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. See Gayman v. State, 584 So.2d 632 (Fla. 1st DCA 1991). We agree with Gayman and thus certify to the Florida Supreme Court the following question of great public importance:

WHETHER THE DOUBLE JEOPARDY CLAUSES OF THE UNITED STATES AND FLORIDA CONSTITUTIONS WERE VIOLATED BY THE TRIAL COURT'S RECLASSIFYING APPELLANT'S OFFENSE AS FELONY PETIT THEFT, THEN USING THAT FELONY CLASSIFICATION...

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