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CAPERS v. STATE

No. 87200.

678 So.2d 330 (1996)

Jimmy Donald CAPERS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 18, 1996.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and David P. Gauldin, Assistant Public Defender, Tallahassee, for Petitioner.

Robert A. Butterworth, Attorney General; James W. Rogers, Tallahassee Bureau Chief and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Respondent.

HARDING, Justice.

We have for review Capers v. State, 670 So.2d 967, 971 (Fla. 1st DCA 1995), in which the First District Court of Appeal certified the following to be a question of great public importance:

WHETHER SECTION 921.0016(3)(J), FLORIDA STATUTES (1993), MAKES "VULNERABILITY DUE TO AGE," AN AGGRAVATING CIRCUMSTANCE JUSTIFYING DEPARTURE FROM THE SENTENCING GUIDELINES WHERE THE DEFENDANT IS ADJUDICATED GUILTY...

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