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STATE v. GAINES

No. SC95738.

770 So.2d 1221 (2000)

STATE of Florida, Appellant, v. Larry Lamar GAINES, Appellee.

Supreme Court of Florida.

November 2, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Michael J. Neimand, Senior Assistant Attorney General, and Douglas J. Glaid, Assistant Attorney General, Fort Lauderdale, Florida, for Appellant.

Richard L. Jorandby, Public Defender, and Bernard S. Fernandez, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Appellee.

PARIENTE, J.

We have for review State v. Gaines, 731 So.2d 7 (Fla. 4th DCA 1999), in which the Fourth District Court of Appeal dismissed the State's appeal because it violated the constitutional prohibition against placing a defendant in double jeopardy and, on rehearing, declared section 924.07(1)(l), Florida Statutes (1997), unconstitutional. This Court has mandatory jurisdiction over decisions of district courts...

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