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STATE EX REL. LEON v. BAKER

No. 39342.

238 So.2d 281 (1970)

The STATE of Florida ex rel. Leocadio LEON, Petitioner, v. Honorable H. Paul BAKER, As One of the Judges of the Criminal Court of Record in and for Dade County, Florida, Respondent.

Supreme Court of Florida.

July 29, 1970.

Attorney(s) appearing for the Case

Jerry Mosca and Shalle Stephen Fine, Miami, for petitioner.

Earl Faircloth, Atty. Gen., and Harold Mendelow, Asst. Atty. Gen., Richard E. Gerstein, State's Atty. and Milton Robbins, Asst. State's Atty., for respondent.

CARLTON, Justice.

In original proceedings in prohibition, the District Court of Appeal, Third District, held that petitioner was not entitled to immediate discharge from prosecution under Fla. Stat. § 915.01(2), F.S.A. The opinion is reported at 229 So.2d 595. We find this decision to be in direct conflict with the decision of this Court in State ex rel. Johnson v. Edwards, 233 So.2d 393...

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