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STATE EX REL. FAIRCLOTH v. DISTRICT COURT OF APPEAL, THIRD DISTRICT

No. 35263.

187 So.2d 890 (1966)

STATE of Florida ex rel. Earl FAIRCLOTH, Attorney General, Relator, v. The DISTRICT COURT OF APPEAL, THIRD DISTRICT, etc., Respondents.

Supreme Court of Florida.

June 15, 1966.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and Barry N. Semet, Asst. Atty. Gen., for relator.

Richard G. Taylor, Miami, for respondents.

DREW, Justice.

Arsenio Garcia was adjudged guilty of breaking and entering a dwelling and sentenced to two years in the State Prison on December 23, 1964. On December 28, 1964 Garcia filed a notice of appeal from said judgment and sentence and, on the same day, filed a motion for new trial. Thereafter, Garcia filed his assignment of errors and directions to the Clerk but took no further action until the State moved to dismiss it because of failure to prosecute. This...

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