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KARZ v. OVERTON

No. 71-339.

249 So.2d 763 (1971)

Raymond William KARZ, Petitioner, v. Ben F. OVERTON, Circuit Judge, As Criminal Administrator of the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, Respondent.

District Court of Appeal of Florida, Second District.

May 14, 1971.

Attorney(s) appearing for the Case

Karl B. Grube, Asst. Public Defender, Clearwater, for petitioner.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Lakeland, for respondent.

MANN, Judge.

The dictum of a distinguished jurist, Judge Reed, of the Fourth District Court of Appeal,1 prompted Karz to seek mandamus to compel the trial judge to grant a preliminary hearing. Florida Statutes, § 907.045 (1970), F.S.A.2 provides a mandatory preliminary hearing for those charged by indictment or information only after the defendant has been held in custody thirty days. Karz was charged...

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