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BRANNON v. STATE

No. SC01-1538.

850 So.2d 452 (2003)

Johnny E. BRANNON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

June 12, 2003.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Petitioner.

Charles J. Crist, Jr., Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, Florida, for Respondent.

PARIENTE, J.

We have for review Brannon v. State, 791 So.2d 1154 (Fla. 1st DCA 2001), in which the district court certified the following two questions of great public importance:

Whether the concept of fundamental sentencing error, as discussed in Maddox v. State, 760 So.2d 89 (Fla.2000), applies to defendants who could have availed themselves of the procedural mechanism...

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