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STATE v. BRYAN

No. 69-387.

227 So.2d 221 (1969)

STATE of Florida, Plaintiff, v. Richard Henry BRYAN, Defendant.

District Court of Appeal of Florida. Second District.

October 17, 1969.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for plaintiff.

Raymond E. LaPorte, of Ragano & LaPorte, Tampa, for defendant.

PER CURIAM.

The following certified question comes to us from the Thirteenth Judicial Circuit, Judge James A. Lenfestey:

"Should a state attorney be disqualified by the trial court on motion of defendant from prosecuting said defendant for the reason that the state attorney was previously the public defender and his office represented the defendant on an unrelated charge approximately four years prior to the occurrence of the crime for which the defendant...

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