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STATE v. HOOTMAN

No. 97-02118.

697 So.2d 1259 (1997)

STATE of Florida, Petitioner, v. James R. HOOTMAN, Respondent.

District Court of Appeal of Florida, Second District.

July 25, 1997.

Attorney(s) appearing for the Case

Candance M. Sabella, Tampa, for Petitioner.

Bob Dillinger, Public Defender, and Violet M. Assaid, Assistant Public Defender, Clearwater; and James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Respondent.

LAZZARA, Judge.

The State of Florida invokes our certiorari jurisdiction to review the trial court's order which prohibits the use of the newly created aggravating circumstance of section 921.141(5)(m), Florida Statutes (Supp.1996), in seeking the death penalty against the respondent. It also requests that we certify a question of great public importance to the Florida Supreme Court regarding the issue raised in this case. Because we conclude that the trial court...

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