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MARCOLINI v. STATE

Nos. 85225, 85226.

673 So.2d 3 (1996)

Richard MARCOLINI, Petitioner, v. STATE of Florida, Respondent. Mercedes ACOSTA, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Clarification Denied April 25, 1996.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Anthony Cavello, Assistant Public Defender, West Palm Beach, for Petitioners.

Robert A. Butterworth, Attorney General; Joan Fowler, Bureau Chief, Senior Assistant Attorney General and Myra J. Fried and Michelle A. Konig, Assistant Attorneys General, West Palm Beach, for Respondent.

Robert E. Stone, Miami, amicus curiae for Florida Power & Light Company.

WELLS, Justice.

We have for review State v. Marcolini, 664 So.2d 963 (Fla. 4th DCA 1995), and State v. Acosta, 664 So.2d 967 (Fla. 4th DCA 1995), based on apparent conflict with MacMillan v. State, 358 So.2d 547 (Fla.1978). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Marcolini was charged with theft of electricity in...

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