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O'ROURKE v. STATE

No. 84934.

661 So.2d 800 (1995)

William Joseph O'ROURKE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

September 14, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Petitioner.

Robert A. Butterworth, Attorney General and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

We review O'Rourke v. State, 645 So.2d 569 (Fla. 5th DCA 1994), in which the district court of appeal certified the following question as one of great public importance:

WHERE THE COURT'S INQUIRY INTO THE CIRCUMSTANCES OF A DEFENSE DISCOVERY VIOLATION FAILS TO ADDRESS THE EFFECT, IF ANY, THE VIOLATION HAS ON THE STATE'S ABILITY TO PREPARE FOR TRIAL, BUT A PROFFER IS MADE OF THE EVIDENCE EXCLUDED ON ACCOUNT...

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