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CASH v. STATE

No. 81142.

628 So.2d 1100 (1993)

St. Elmo CASH, Jr., Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

December 2, 1993.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Glen P. Gifford, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief — Criminal Appeals, and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for respondent.

McDONALD, Justice.

We review Cash v. State, 609 So.2d 1356, 1356 (Fla. 1st DCA 1992), in which the district court certified the following questions to be of great public importance:

1. DOES THE STATE HAVE A POSSESSORY INTEREST IN LOCAL OPTION GASOLINE TAXES COLLECTED BY A RETAIL SELLER UNDER SECTION 336.025 SUCH THAT THE TAXPAYER'S FAILURE TO PAY SUCH TAXES WHEN DUE CONSTITUTES THE OFFENSE OF GRAND THEFT UNDER SECTION...

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