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OVERSTREET v. STATE

No. 81445.

629 So.2d 125 (1993)

John OVERSTREET, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

December 16, 1993.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Crim. Appeals, Sr. Asst. Atty. Gen., and Joe S. Garwood, Asst. Atty. Gen., Tallahassee, for respondent.

PER CURIAM.

We review Overstreet v. State, 611 So.2d 1262, 1263 (Fla. 1st DCA 1992), in which the district court certified the following question to be of great public importance:

PURSUANT TO SECTION 775.084(2), FLORIDA STATUTES, WHEN ADJUDICATION IS WITHHELD AND A DEFENDANT SENTENCED AS A YOUTHFUL OFFENDER TO INCARCERATION FOLLOWED BY PROBATION SUBSEQUENTLY COMMITS A FELONY WHILE INCARCERATED FOR THE PRIOR OFFENSES...

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