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STATE v. HERNANDEZ

No. 93-2357.

633 So.2d 24 (1994)

STATE of Florida, Petitioner, v. Stephen HERNANDEZ, Respondent.

District Court of Appeal of Florida, Fifth District.

Order Certifying Question March 18, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, and Thomas W. Hastings, Asst. State Atty., Sanford, for petitioner.

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

PETERSON, Judge.

The State of Florida seeks a writ of certiorari to review a non-final pre-sentencing order of the trial court. In the order the court accepted Hernandez's waiver of a sentencing proceeding before a jury after he entered a guilty plea in a capital murder case. When Hernandez waived the right to a sentencing jury, he specifically acknowledged that the trial court had the discretion to impose a sentence of life imprisonment or the death penalty. The...

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