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STATE v. DODD

No. 77249.

594 So.2d 263 (1992)

STATE of Florida, Petitioner, v. James Leo DODD, Respondent.

Supreme Court of Florida.

January 9, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Belle B. Turner, 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.

PER CURIAM.

We have for review Dodd v. State, 570 So.2d 1013, 1014 (Fla. 5th DCA 1990), which certified the following question of great public importance:

IN A CASE INVOLVING THE IMPOSITION OF AN UPWARD DEPARTURE SENTENCE IN A CRIMINAL PROSECUTION FOR A NEW SUBSTANTIVE OFFENSE, DOES THE SHORT TIME INTERVAL BETWEEN COMMISSION OF THE CRIME AND RELEASE FROM PRISON PROVIDE AN ADEQUATE BASIS FOR THE DEPARTURE, EVEN THOUGH...

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