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DOWNS v. STATE

No. 79322.

616 So.2d 444 (1993)

Bobby Lee DOWNS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

April 8, 1993.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and W.C. McLain, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen. and James W. Rogers, Sr. Asst. Atty. Gen., Tallahassee, for respondent.

McDONALD, Justice.

In Downs v. State, 592 So.2d 762, 764 (Fla. 1st DCA 1992), the district court certified the following question to be of great public importance:

WHETHER A TRIAL JUDGE HAS DISCRETION TO STACK MINIMUM MANDATORY SENTENCES IN CASES INVOLVING CAPITAL FELONIES TOGETHER WITH NON-CAPITAL FELONIES COMMITTED WITH USE OF A FIREARM, WHERE THE PREDICATE OFFENSES ALL...

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