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STATE v. CHERRYHOMES

No. 83628.

647 So.2d 841 (1994)

STATE of Florida, Petitioner, v. George CHERRYHOMES, Respondent.

Supreme Court of Florida.

December 22, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Helene S. Parnes, Asst. Atty. Gen., Tampa, for petitioner.

Dwight M. Wells, Tampa, for respondent.

OVERTON, Justice.

We have for review Cherryhomes v. State, 635 So.2d 985 (Fla. 2d DCA 1994), in which the district court of appeal certified the following question as one of great public importance:

DOES A FINDING OF INCOMPETENCY TO TESTIFY BECAUSE ONE IS UNABLE TO RECOGNIZE THE DUTY AND OBLIGATION TO TELL THE TRUTH SATISFY THE LEGISLATIVE "TESTIFY OR BE UNAVAILABLE" REQUIREMENT...

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