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STATE EX REL. SHELTON v. SEPE

No. 71-546.

254 So.2d 12 (1971)

STATE of Florida ex rel., Robert Charles SHELTON, Relator, v. Honorable Alfonso SEPE, As Judge of the Criminal Court of Record in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

October 21, 1971.

Attorney(s) appearing for the Case

Byrd V. Duke, Jr., Miami, for relator.

Richard E. Gerstein, State's Atty. and Milton Robbins, Asst. State's Atty., for respondent.

Before CHARLES CARROLL, HENDRY and BARKDULL, JJ.

CARROLL, Judge.

This is an original proceeding in prohibition. By an information the relator was charged in two counts with sale of marijuana, and in two counts with possession of the drug, in violation of § 398.03 Fla. Stat., F.S.A. In the suggestion in prohibition the relator alleged the respondent judge, before whom his cause is pending, had made a public pronouncement of a policy for confinement of persons convicted of said offenses, and that by reason thereof...

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