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STATE v. MONTGOMERY

No. SC09-332.

39 So.3d 252 (2010)

STATE of Florida, Petitioner, v. Steven W. MONTGOMERY, Respondent.

Supreme Court of Florida.

Rehearing Denied June 28, 2010.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Trisha Meggs Pate, Bureau Chief, and Charlie Richey McCoy, Assistant Attorneys General, Tallahassee, FL, for Petitioner.

Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Respondent.

LABARGA, J.

This case is before the Court for review of the decision of the First District Court of Appeal in Montgomery v. State, 34 Fla. L. Weekly D360, ___ So.3d ___, 2009 WL 350624 (Fla. 1st DCA Feb.12, 2009). In its decision, the district court ruled upon the following question, which the court certified to be of great public importance:

IS THE STATE REQUIRED TO PROVE THAT THE DEFENDANT INTENDED TO KILL THE VICTIM IN ORDER TO ESTABLISH THE CRIME...

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