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STATE v. JOHNSTON

No. 98-01927.

743 So.2d 22 (1999)

STATE of Florida, Petitioner, v. Ray Lamar JOHNSTON, Respondent.

District Court of Appeal of Florida, Second District.

March 12, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Landry, Assistant Attorney General, Tampa, for Petitioner.

Julianne M. Holt, Public Defender, and John J. Skye, Assistant Public Defender, Tampa, for Respondent.

PER CURIAM.

The State of Florida seeks certiorari review of a pretrial court order that bars the jury's consideration, during the penalty phase of a death prosecution, of victim impact evidence authorized by section 921.141(7), Florida Statutes (1997), and approved by Burns v. State, 699 So.2d 646 (Fla.1997), and Windom v. State, 656 So.2d 432 (Fla.1995).1

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