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STATE EX REL. FLOWERS v. GOODMAN

No. 70-1004.

241 So.2d 457 (1970)

STATE of Florida ex rel. Eddie James FLOWERS, Relator, v. The Honorable Murray GOODMAN, As Judge of the Criminal Court of Record in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

December 1, 1970.

Attorney(s) appearing for the Case

Hughlan Long, Public Defender, and Richard A. Beiley, Asst. Public Defender, for relator.

Richard E. Gerstein, State Atty., and Joseph Durant, Asst. State Atty., for respondent.

Before PEARSON, C.J., and CHARLES CARROLL and BARKDULL, JJ.

PER CURIAM.

The petitioner filed a suggestion for a writ of prohibition in which he set up the claimed right of discharge because of his compliance with § 915.01(2) Fla. Stat., F.S.A. Rule nisi was issued and the respondent has filed a brief and a response. From the briefs and oral argument it appears that there is no substantial issue as to the fact that the petitioner has complied with the statute and is entitled to discharge unless he has acquiesced in the...

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