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McFADDEN v. STATE

No. 94,235.

737 So.2d 1073 (1999)

Jimmie Lee McFADDEN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

June 10, 1999.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Carol Ann Turner, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Petitioner

Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, Florida, for Respondent

PER CURIAM.

We have for review a decision passing upon the following question certified to be of great public importance:

WHETHER A PRIOR CONVICTION FOR FELONY PETIT THEFT CAN BE USED AS A QUALIFYING OFFENSE UNDER SECTION 775.084, FLORIDA STATUTES.

McFadden v. State, 23 Fla. L. Weekly D2341, 732 So.2d 335 (Fla. 1st DCA 1998). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

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