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STATE v. BURRIS

No. SC02-2193.

875 So.2d 408 (2004)

STATE of Florida, Petitioner, v. Daniel BURRIS, Respondent.

Supreme Court of Florida.

April 8, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Kellie A. Nielan and Wesley Heidt, Assistant Attorneys General, Daytona Beach, Florida, for Petitioner.

James B. Gibson, Public Defender, and Thomas Lukashow, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Respondent.

BELL, J.

If an automobile is used in the course of committing a robbery, may the offender be deemed to have "carried" the automobile as a "firearm or other deadly weapon" under section 812.13(2)(a), Florida Statutes (2001)? We have for review Burris v. State, 825 So.2d 1034 (Fla. 5th DCA 2002), where the Fifth District Court of Appeal answered this question in the negative and certified conflict with Jackson v. State,...

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