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STATE v. HERNANDEZ

No. 83548.

645 So.2d 432 (1994)

STATE of Florida, Appellant, v. Stephen HERNANDEZ, Appellee.

Supreme Court of Florida.

November 23, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for respondent.

WELLS, Justice.

The District Court of Appeal for the Fifth District certified the following question to this Court as one of great public importance. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution:

DOES A TRIAL COURT HAVE THE AUTHORITY TO DISPENSE WITH THE SELECTION OF AN ADVISORY JURY IN THE PENALTY PHASE OF A CAPITAL CASE WITHOUT THE CONSENT OF THE STATE WHEN A DEFENDANT ENTERS A PLEA OF GUILTY, WAIVES AN ADVISORY JURY...

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