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STATE v. JOHNSON

No. 77239.

601 So.2d 219 (1992)

STATE of Florida, Petitioner, v. Sinclair JOHNSON, Respondent.

Supreme Court of Florida.

May 28, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Asst. Atty. Gen. and Virlindia Doss, Asst. Atty. Gen., Tallahassee, for petitioner.

Clyde M. Collins, Jr., Jacksonville, for respondent.

GRIMES, Justice.

We review Johnson v. State, 572 So.2d 957, 959 (Fla. 1st DCA 1990), in which the court certified the following question as being of great public importance:

IS THE STATE ENTITLED TO HAVE JURY INSTRUCTIONS GIVEN ON CATEGORY 2 INCLUDED LESSER OFFENSES, IN ADDITION TO CATEGORY 1 NECESSARILY INCLUDED LESSER OFFENSES, IN A CASE WHERE THE DEFENDANT REQUESTS THAT NO SUCH INSTRUCTIONS BE GIVEN AND KNOWINGLY...

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