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STATE v. HARBAUGH

No. SC93037.

754 So.2d 691 (2000)

STATE of Florida, Petitioner, v. Robert HARBAUGH, Respondent.

Supreme Court of Florida.

March 9, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Celia Terenzio, Senior Assistant Attorney General, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, Florida, for Petitioner.

Alan T. Lipson of Essen, Essen, Susaneck, Canet & Lipson, P.A., Aventura, Florida, for Respondent.

PER CURIAM.

We have for review a district court's decision on the following question, certified to be of great public importance.

WHERE A DEFENDANT REQUESTS THAT THE JURY DETERMINE THE EXISTENCE OF PRIOR DUI CONVICTIONS IN A FELONY DUI TRIAL, SHOULD THE BIFURCATED PROCEDURE OF STATE V. RODRIGUEZ, 575 SO.2d 1262 (FLA. 1991), BE AMENDED IN LIGHT OF UNITED STATES V. GAUDIN, 515 U.S. 506, 115 S.Ct. 2310, 132 L.Ed...

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