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BURDICK v. STATE

No. 78466.

594 So.2d 267 (1992)

Billy BURDICK, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied March 25, 1992.

Attorney(s) appearing for the Case

John L. Miller of Johnson, Green & Locklin, P.A., Milton, for petitioner.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Chief, Bureau of Criminal Appeals, Senior Assistant Atty. Gen. and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for respondent.

James T. Miller, Jacksonville, amicus curiae for Florida Ass'n of Criminal Defense Lawyers (FACDL).

Arthur I. Jacobs, Fernandina Beach, amicus curiae for Florida Prosecuting Attorneys Ass'n, Inc.

BARKETT, Justice.

We review Burdick v. State, 584 So.2d 1035, 1039 (Fla. 1st DCA 1991), in which the district court certified the following two questions of great public importance:1

[1.] Is a life sentence permissive or mandatory under the 1988 amendment to section 775.084(4)(a)1, Florida Statutes? [2.] Is a first degree felony punishable by a term of years not exceeding life...

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