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STATE v. CONNELLY

No. 93,507.

748 So.2d 248 (1999)

STATE of Florida, Petitioner, v. John J. CONNELLY, Respondent.

Supreme Court of Florida.

August 19, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Steven J. Guardiano, Senior Assistant Attorney General, Daytona Beach, Florida, for Petitioner.

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Respondent.

WELLS, J.

We have for review State v. Connelly, 716 So.2d 283 (Fla. 5th DCA 1998), wherein the court certified the following question to be of great public importance:

WHEN A JURY REFUSES TO CONVICT ON ONE COUNT OF A TWO COUNT INFORMATION IN A SITUATION IN WHICH A CONVICTION FOR BOTH COUNTS WOULD CONSTITUTE DOUBLE JEOPARDY, DOES ITS ACQUITTAL ON THE ONE COUNT, WHEN THAT COUNT DUPLICATES AN ESSENTIAL ELEMENT OF THE...

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