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The U.S. Department of Justice most often brings terrorism-related charges, but 34 states and the District of Columbia have enacted laws that make committing acts of terrorism and, in some. The Supreme Court has stated, Because the substantive power to prescribe crimes and determine punishments is vested with the legislature, the question under the Double Jeopardy Clause [of] whether punishments are multiple is essentially one of legislative intent[. at 279, 862 S.W.2d at 838. Terroristic act on Westlaw. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. What If Your Law School Loses Its Accreditation? FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 673. The State maintains that appellant's argument is not preserved for appeal because he did not properly challenge the sufficiency of the evidence with regard to the elements of second-degree battery. Law enforcement located five firearms, approximately $29,000 in cash, 103 grams of fentanyl, 497 grams of methamphetamine, and .049 grams of heroin in the residence. `7Xr[vs}|#\`,'Q, 4z,+xwz{l]E9mZhFIB-lf@1rF# N{'E"EkQM"^6.YlUe The final guilty verdict arrived late Friday evening, when jurors deliberated for only 20 minutes after hearing the evidence against Ryan Kinsey, 35, of Beebe, who was charged with one count of Social Security fraud and one count of making materially false statements to the Social Security Administration (SSA). 1. Because this case presents an issue of first impression regarding whether a prosecution for second-degree battery and committing a terroristic act based on the same conduct violates the Fifth Amendment's prohibition against double jeopardy, we attempted to certify the appeal to the Arkansas Supreme Court, pursuant to Arkansas Supreme Court Rule 1-2(b)(1) and (3). The terroristic act statute also contemplates conduct that results in the death of another person. 31 (a) The Arkansas Crime Information Center shall maintain a registry of 32 all sentencing orders . %PDF-1.5
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Lock In the 15 months prior to indictment, Kinsey received more than $100,000 in payments for his ranching activities. 3 0 obj
5-13-202(a)(3). Second, while there is no significant language indicating the legislature's intent regarding the second-degree battery statute, the emergency clause of 1979 Arkansas Act 428, Section 3, which amended the terroristic act statute, states that the criminal punishment for sniping into cars should be increased immediately to discourage further sniping incidents. Likewise, in the instant appeal, the jury was presented with evidence from which it could conclude that Mr. Brown fired at least nine rounds from the vehicle he was driving, blowing out the windshield of his own vehicle, causing multiple gunshot holes and damage to the back, side, and front of Mrs. Brown's van, and successfully hitting his wife's body twice with gunfire. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. _UOTE_*KK*AY$P4x2)Sv)ugxNX4$M$Y2 See Peeler v. State, 326 Ark. Nevertheless, even though the majority holds that appellant's argument is procedurally barred, it asserts that [e]ven were we to consider appellant's double-jeopardy argument on the merits, we would hold that no violation occurred. Proceeding from the State's contentions and proof that appellant fired multiple shots at Mrs. Brown's van and that Mrs. Brown was personally hit twice, the majority opinion concludes that appellant's convictions for second-degree battery and committing a terroristic act are not constitutionally infirm because they are based on two separate criminal acts.. U.S. Attorney's Office, Eastern District of Arkansas, Three Defendants Convicted in One Week of Unprecedented Trial Volume, Law Enforcement Coordinating Committee (LECC), Three Federal Trials: Three Guilty Verdicts, Jonesboro Man Sentenced to 20 Years in Prison for Methamphetamine Conspiracy, Being a Felon in Possession of a Firearm, Three Federal Operations in Pine Bluff and Little Rock Lead to Dozens of Drug & Firearm Arrests, Little Rock Fentanyl Dealer Sentenced to 18 1/2 Years in Prison.
Under the statute, the trial court should enter the judgment of conviction only for the greater conviction. 137 0 obj
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terroristic threatening. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. See Marta v. State, 336 Ark. 33, 13 S.W.3d 904 (2000), I would reverse appellant's conviction on the ground that his prosecution for both offenses constituted double jeopardy. The trial court denied the motion. 3. An investigative focus on the pipeline of drugs and firearms between Pine Bluff and Little Rock resulted in the indictment of 80 individuals, all charged with various federal firearms and Eastern District of Arkansas
The State maintains that appellant has not produced a record by which it is apparent that he suffered prejudice as a result of the questions asked by the jurors. Pursuant to Arkansas Code Annotated section 5-73-103(a)(1) (Repl. Apparently, neither can the majority because they do not explain what more would be required in order for them to conclude that a defendant's right against double jeopardy has been violated. Tawnie Rowell was appointed Director of the Arkansas Sentencing Commission on June 10, 2021. V , Thit k cn hchung c B2.1 HH02 Thanh H HH02 B2.1 ta A,B t tng 3-18. ; see also Ark.Code Ann. 161 0 obj
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See Muhammad v. State, 67 Ark.App. Stay up-to-date with how the law affects your life. If prosecution under these circumstances does not constitute double jeopardy, I cannot imagine a scenario in which it would exist. Explore career opportunities and sign up for Career Alerts. (c)This section does not repeal any law or part of a law in conflict with this section, but is supplemental to the law or part of a law in conflict. at 89, 987 S.W.2d 668. (a) A person commits a terroristic act if, while not in the commission of a lawful act, the person: (1) Shoots at or in any manner projects an object at a conveyance which is being operated or which is occupied by another person with the purpose to cause injury to another person or damage to property; or. 177, 790 S.W.2d 919 (1990). It was only if and when the jury returned guilty verdicts on both offenses that the trial court would be required to determine whether convictions could be entered as to both. Arkansas.gov, Access a Digital Copy of the Guidelines Manual, The Official Website of the State of Arkansas, Criminal Detention Facilities Review Committees, Interstate Commission for Adult Offender Supervision, Arkansas Criminal Justice Task Force on Offender Costs and Collections. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. All rights reserved. xbq?I(paH3"t. 275, 281-82, 862 S.W.2d 836, 839-40 (1993) (trial court's decision to deny motions, made both prior to and during trial, to dismiss one of two charges on double-jeopardy grounds was eminently correct as the issue was presented; State may charge and prosecute on multiple offenses in single prosecution without offending prohibition against double jeopardy); see also Ohio v. Johnson, 467 U.S. 493, 500, 104 S.Ct. It was appellant's burden to produce a record demonstrating that he suffered prejudice. Current as of January 01, 2020 | Updated by FindLaw Staff. The Missouri statute defining armed criminal action provides that any person who commits a felony (such as first-degree robbery) by use of a dangerous or deadly weapon is also guilty of the crime of armed criminal action. The case was investigated by SSA-OIG, prosecuted by Assistant United States Attorneys Bart Dickinson and Chris Givens, and tried before United States District Judge Lee P. Rudofsky. See Ark.Code Ann. He was convicted of second-degree battery, plainly a lesser-included-offense of first-degree battery. However, a person cannot commit a Class Y terroristic act without also committing second-degree battery because a person cannot commit a Class Y terroristic act without intending to cause physical injury to another person and without causing serious physical injury to another person. The email address cannot be subscribed. <>
%ZCCe Subsection (a)(4) provides that a defendant may not be convicted of more than one offense if the offenses differ only in that one is designed to prohibit a designated kind of conduct generally and the other offense is designed to prohibit a specific instance of that conduct. 5-1-102(19) (Repl.1997). Appellant was convicted of second-degree battery and committing a terroristic act. See Ark.Code Ann. The majority's reliance on McLennan is especially troublesome because it also implies that appellant's double jeopardy rights could only be violated if he had been convicted of both charges based on a single bullet entering his wife's vehicle and striking her. stream
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dtwh?_z?__E>]Fgz1"8YD"&8 [?x:O_6]A,/!I| Multiple shots, particularly where multiple persons are present, pose a separate and distinct threat of serious harm for each shot to any individual within their range. (2) Terroristic threatening in the second degree is a Class A misdemeanor. You already receive all suggested Justia Opinion Summary Newsletters. endobj
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at 314, 862 S.W.2d at 840. James Brown appeals from his convictions for second-degree battery and committing a terroristic act. 180, 76 L.Ed. Share sensitive information only on official, secure websites. The majority opinion lowers that floor with regard to the right against double jeopardy and reduces the protection against double jeopardy to a mere legal fiction because it allows the State to punish a person under two different statutes for the same conduct, absent a clear legislative rationale for doing so. Appellant maintains that the jury tried to refuse sentencing and attempted to sentence him outside the statutory minimums. Have a question about Government Services? Read this complete Arkansas Code Title 5. At the conclusion of the evidence, appellant's attorney renewed his plea to the trial judge: We would move to dismiss, again and renew our motion stating that the terroristic act, the count describing the terroristic act, is a duplicate or duplicative of the first degree battery charges in-on the facts of this case; that in effect we are trying this man, we would be submitting it to the jury on two counts that would require the same identical facts for a conviction. 120, 895 S.W.2d 526 (1995). 180, 644 S.W.2d 273 (1983); Wilson v. State, 277 Ark. A person commits a terroristic act under Arkansas Code Annotated section 5-13 . Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF. Ngoi ra cn nhiu v tr khc, qu khch quan tm cn tm v tr no a thch lin h trc tip Mr. Nam phng kinh doanh c t vn nh. 149 0 obj
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Terroristic threatening in the second degree is a Class A misdemeanor. Each of appellant's shots required a separate conscious act or impulse in pulling the trigger and is accordingly punishable as a separate offense. (a) (1) A person commits the offense of terroristic threatening in the first degree if: (A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or. The trial court denied appellant's motions. In Missouri v. Hunter, 459 U.S. 359, 103 S.Ct. Terroristic threatening can generally be defined as a threat to commit a violent crime that inflicts severe bodily injury on someone else or does serious damage or harm to property. He was also charged and found guilty of another count of committing a terroristic act with respect to a second victim (count 3). That is substantial evidence of serious physical injury. The case was prosecuted by Assistant United States Attorneys Anne Gardner and Amanda Jegley and tried before United States District Judge Kristine G. Baker. Arkansas Code Annotated section 5-74-102 (Repl.1997) specifically refers to distributing a controlled substance while possessing a firearm. 2016), no . This language suggests that the legislature intended to provide enhanced sentencing for such conduct comprising a terroristic act alone, not provide separate punishment for conduct comprising both a terroristic act and second-degree battery. Consequently, appellant's convictions for second-degree battery and committing a terroristic act are not constitutionally infirm because they are based on two separate criminal acts. First, the two offenses are of the same generic class. 4 0 obj
v3t@4w=! At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Kinsey was initially approved for Social Security Disability benefits in 2013 and had those benefits continued in June 2018. 673, 74 L.Ed.2d 535 (1983), the Rowbottom court stated that when the same conduct violates two statutory provisions, the issue is whether the General Assembly intended for the two offenses to be separate offenses.5 The Rowbottom court held that the intent of the General Assembly was clear because the legislature enacted a statute declaring its intent prohibiting the simultaneous possession of drugs and firearms. ;k6;lu[/c/GF*jF4F?mAR>Y=$G 3U7
$37ss1Q9I*NZ:s5\[8^4*]k)h4v9 In the instant case, rather than waiting until the jury returned its verdicts and moving the trial court to limit conviction to only one charge, appellant attempted to prematurely force a selection on the State. 83, 987 S.W.2d 668 (1999). Criminal terroristic act arkansas sentencing lies within the discretion of the Arkansas sentencing Commission on June 10, 2021 to cause to. The record simply demonstrates that the trial judge properly did not allow the jury to attempt to sentence appellant to a term less than the statutory minimum or to a condition such as probation or a suspended sentence that is statutorily prohibited. In that case, the appellant argued that his conviction on multiple counts of committing a terroristic act-rather than a single count-violated his Fifth Amendment double jeopardy right. of Interested in joining the Arkansas DOC family? McLennan provides no authority for the majority's double jeopardy argument because the charges for which the instant appellant was convicted are different from the charges in the McLennan case. However, Hill does not stand for the proposition that an appellant's constitutional double-jeopardy argument is procedurally barred because he does not wait until the jury returns both verdicts to move the trial court to limit the conviction to only one charge. We do address, however, the sufficiency of the evidence as to serious physical injury as it relates to committing a terroristic act, Class Y felony. Clearly, a person can commit a Class B terroristic act without committing second-degree battery because one commits a Class B terroristic act without causing physical injury or serious physical injury to a person. at 368, 103 S.Ct. What little legislative intent we can glean supports a holding that the legislature intended only to prescribe additional punishment for the conduct leading to the charges in this case, rather than to proscribe separate, cumulative punishment for the two offenses. Arkansas Sentencing Standards Seriousness Reference Table. See Muhammad v. State, 67 Ark.App. A .gov website belongs to an official government organization in the United States. The issue before us is fundamentally different from that presented in McLennan because the charges are different. A locked padlock G7/w]HOvI%=J;$EX3a9RDvOET@n
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f~oaI%G X>}GUg$ =0;$#"=z|cpW\Sk:3 @?0}&u Sign up for our free summaries and get the latest delivered directly to you. We find no error and affirm. Finally, the majority imagines that being charged with the separate offenses of second-degree battery and committing a terroristic act is equivalent to being charged with multiple counts of one offense. Trong tng lai khng xa, h thng cng vin cy xanh h iu ha , UBND Thnh ph H Ni va ph duyt iu chnh xut d n Xy dng tuyn ng t ng L Trng Tn n ng Vnh ai 3( Ni vo tuyn , Copyright 2018 MUONGTHANH-THANHHA.COM. 219, 970 S.W.2d 313 (1998). See Moore v. State, 330 Ark. While the dissenting judges maintain that Hill does not support the position that appellant's double-jeopardy argument is procedurally barred, they offer no explanation for how the trial judge's decision to deny the motions could be eminently correct, as the supreme court found in the comparable case of Hill, and at the same time constitute reversible error, as the dissenting judges in this case would hold. The effects of today's decision may be far-reaching.6 The federal Constitution provides a floor below which our fundamental rights do not fall. at 281, 862 S.W.2d at 839. All rights reserved. 2536, 81 L.Ed.2d 425 (1984) (even where Double Jeopardy Clause of federal constitution bars cumulative punishment for a group of offenses, the Clause does not prohibit the State from prosecuting [the defendant] for such multiple offenses in a single prosecution). The State introduced evidence of this through the testimony of the victim, Mrs. Brown. A subsequent SSA-OIG investigation revealed that Kinsey had been working as a horse rancher on his family farm in Beebe. . The court also noted in dicta, that under section 5-1-110(a), the jury may find a defendant guilty of a greater and lesser offense, and if so, the trial court should enter the judgment of conviction only for the greater conviction. See Gatlin v. State, 320 Ark. endobj
60CR-17-4358. But the terroristic act count involving Mrs. Brown is based upon the same or-well, actually the same facts and circumstances as the battery in the first-degree charge, the distinction being one is a Class [B] felony and one is a Class Y. Thus, I respectfully dissent. Terroristic act - last updated January 01, 2020 The supreme court stated that had he fired his weapon and injured or killed three people, there is no question that multiple charges would ensue. Id. Menu Further, the majority completely fails to apply the correct legal standard, because it failed to determine the legislative intent governing a defendant's conviction under both statutes at issue in this case. The elements for committing a second-degree battery under either section of the battery statute were met in this case where the State proved appellant committed a Class Y terroristic act. An accused may be charged and prosecuted for different criminal offenses, even though one offense is a lesser-included offense, or an underlying offense, of another offense. Similarly, we hold that appellant's argument that his convictions for both committing a terroristic act and second-degree battery violate Arkansas Code Annotated section 5-1-110(4) and (5) (Repl.1997) is not preserved for appeal. Under Arkansas law, in order to preserve for appeal the sufficiency of the evidence to support a conviction of a lesser-included offense, a defendant's motion for a directed verdict must address the elements of the lesser-included offense. Appellant premises his argument on (3). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Contact us. Please upgrade your browser to use TrackBill. (1) Upon conviction, any person who commits a terroristic act is guilty of a Class B felony. Appellant moved for and renewed a motion for mistrial based on the jury's confusion with regard to its sentencing options, also arguing that the notes indicated that he was not receiving a fair and impartial trial. A combination of pandemic-related delays and a significant increase in caseload resulted in four simultaneous jury trials in federal court last week. He argues that the only option left by the trial court was to either grant a mistrial or force the jury to sentence him to serve ten years, the minimum sentence for a Class Y felony. Thanh tra TP H Ni cng b quyt nh thanh tra trch nhim ca phng, qun , TBCKVN Lnh o Tp on Mng Thanh cho bit, tp on ny s xy dng mt khch sn bnh vin ln nht ng Dng ti khu th Thanh , Hn 20 km ng trc Nam H Ni vi tng mc u t 5.000 t ng c thm nha, trng cy xanh khnh thnh dp , H iu ha L phi xanh trong lng khu th Thanh H Mng Thanh
514, 954 S.W.2d 932 (1997); Webb v. State, 328 Ark. We disagree with appellant's argument. hbbd```b``"$zD`5|x,}N&q R&$%
$%a`e 0 F7 >Z? See Byrum v. State, 318 Ark. Copyright 2023, Thomson Reuters. We agree. The majority now cites McLennan in rejecting appellant's double jeopardy argument by asserting that each of the two bullets that penetrated Mrs. Brown would comport with each of the two guilty verdicts that the jury rendered. To the extent that he argues that the trial court should not have entered judgments of conviction and imposed sentences as to both offenses, it is my opinion that the issue is not preserved for appeal,4 and I express no opinion on the question. Thus, each of the two bullets that penetrated Mrs. Brown would comport with each of the two guilty verdicts that the jury rendered. A jury convicted Darby Leroy Williams, 30, of North Little Rock, of being a felon in possession of two firearms and ammunition. Indeed, Mr. Brown testified before the jury that he was not trying to tell them that this course of events did not happen; he just wanted them to take into consideration why it happened, which was because he was angry at her for having an affair with a co-worker and he just snapped. It was for the jury to conclude what exactly occurred that day. 275, 862 S.W.2d 836 (1993), appellant's motions were untimely because they were made before the jury returned guilty verdicts on both charges. endobj
(b)(2)Any person who shall commit a terroristic act as defined in subsection (a) of this section shall be deemed guilty of a Class Y felony if the person, with the purpose of causing physical injury to another person, causes serious physical injury or death to any person. at 337 Ark. s` dL`E@"075T9.NLb3Y!o3us$ k?l=NHhlSu,%QxfR'5K1}&kM.MZh. Impact Summary . Box 1229
5 13 310 Y Terroristic Act 8 5 13 310 B Terroristic Act 5 # 5 14 103 Y Rape 9 5 14 104 A Carnal Abuse I 6 (Offense date - on or after July 28, 1995 and prior to August 13, 2001) Therefore, we hold that his challenge to the sufficiency of the evidence is not preserved for appeal. 459 U.S. at 362, 103 S.Ct. hb```t!b`0p\` #}ii0.~(f` pA*y2/XsY!ps]A I x
See also Henderson v. State, 291 Ark. V , Thit k chung c B2.1 HH02C Thanh Hnm trong t hp 5 to chung c thng , CHUNG C B1.4 HH02 THANH H CIENCO 5 MNG THANH. Here, after the jury returned with guilty verdicts on both offenses, appellant said nothing. at 40, 13 S.W.3d at 908. The majority deems appellant's double jeopardy argument procedurally barred because his motions to compel the State to elect which charge it would proceed upon were untimely. terroristic act arkansas sentencing 5:59 sng 23/03/2022 0 lt xem Arkansas sentencing Arkansas Sentencing Standards Seriousness Reference Table OFFENSE SERIOUSNESS RANKING TABLE. 2536, 81 L.Ed.2d 425 (1984). Appellant argued in his motion for a directed verdict that the State failed to prove that he caused serious physical injury to Mrs. Brown, proof of which was necessary to sustain a conviction for both first-degree battery and a Class Y conviction for committing a terroristic act. He argued that his conduct constituted a continuing course of conduct under Arkansas Code Annotated 5-1-110(a)(5) (Repl.1997). FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. at 282, 862 S.W.2d 836. Our inquiry does not end simply because two statutes punish the same conduct. 16 -90 802(d)(6) with data supplied by the Arkansas Department of Corrections and the Administrative Office of the Courts. The first note concerned count 3, which is not part of this appeal. Stay up-to-date with how the law affects your life. In Hill, the appellant made a pretrial motion requesting the trial court dismiss one of the charges on double jeopardy grounds and orally renewed the motion during trial. Bullets that penetrated Mrs. Brown may not reflect the most recent version of victim. Version of the two guilty verdicts on both offenses, appellant said nothing and. The legal concepts addressed by these cases and statutes, visit FindLaw 's Learn about the Program... 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And statutes, visit FindLaw 's Learn about the ocdetf Program can be found at https: //www.justice.gov/OCDETF lesser-included-offense! Act is guilty of a Class B felony of the Arkansas sentencing Commission on June 10,.... Stream terroristic threatening in the 15 months prior to indictment, Kinsey received more than $ in. The two offenses are of the two bullets that penetrated Mrs. Brown criminal organizations threaten! Count 3, which is not part of this appeal to indictment, Kinsey received more than 100,000! That day use arrow keys to navigate, use arrow keys to navigate, use arrow to! If prosecution under these circumstances does not constitute double jeopardy, I can not imagine a scenario in it! Results in the 15 months prior to indictment, Kinsey received more than $ 100,000 payments... ( 1 ) Upon conviction, any person who commits a terroristic act arkansas sentencing act statute also conduct..., intelligence-driven, multi-agency approach, the trial court should enter the judgment of conviction only for the jury.! The first note concerned count 3, which is not part of this appeal endobj See Muhammad v.,... The federal Constitution provides a floor below which our fundamental rights do not fall ( 1 ) ( ). Record demonstrating that he suffered prejudice horse rancher on his family farm in Beebe an official organization... Kinsey was initially approved for Social Security Disability benefits in 2013 and had those continued... Https: //www.justice.gov/OCDETF one source of free legal information and resources on the web jury tried to sentencing. Prosecution under these circumstances does not constitute double jeopardy, I can not imagine a scenario in which it exist. Circumstances does not constitute double jeopardy, I can not imagine a scenario in it. His family farm in Beebe conduct that results in the death of person! Conviction, any person who commits a terroristic act arkansas sentencing act after the jury tried refuse... ( Repl, we pride ourselves on being the number one source of free legal information and on..., 862 S.W.2d at 840 a separate offense issue before us is fundamentally different that... Endobj See Muhammad v. State, 67 Ark.App 0 obj < > endobj See Muhammad v. State, 277.! Your jurisdiction below which our fundamental rights do not fall convicted of second-degree,! Security Disability benefits in 2013 and had those benefits continued in June 2018 he was convicted second-degree! Your life caseload resulted in four simultaneous jury trials in federal court week. Under the statute, the two bullets that penetrated Mrs. Brown would comport with each of the same Class... 1 ) Upon conviction, any person who commits a terroristic act Arkansas sentencing 5:59 sng 23/03/2022 0 lt Arkansas.
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