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CABAL v. STATE

No. 86155.

678 So.2d 315 (1996)

Jose CABAL, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied August 22, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Assistant Public Defender, Eleventh Judicial Circuit, Miami, for Petitioner.

Robert A. Butterworth, Attorney General and Keith S. Kromash, Assistant Attorney General, Miami, for Respondent.

OVERTON, Justice.

We have for review Cabal v. State, 656 So.2d 290 (Fla. 3d DCA 1995). In Cabal, the district court found that section 775.0845, Florida Statutes (1993), which imposes an enhanced penalty for wearing a mask while committing a felony, acted to reclassify the underlying felony to a distinct, separate crime of the next higher degree. In reaching its decision, the district court certified...

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