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STATE v. JOSEPH

No. 71-529.

253 So.2d 275 (1971)

The STATE of Florida, Appellant, v. Richard JOSEPH, Appellee.

District Court of Appeal of Florida, Third District.

October 13, 1971.

Attorney(s) appearing for the Case

Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., for appellant.

Pollack, Yocum & Fath and Alvin Entin, Miami, for appellee.

Before PEARSON, CHARLES CARROLL and BARDULL, JJ.

PEARSON, Judge.

The state appeals an order dismissing an information filed against the appellee. The dismissal followed upon the trial court's own motion at the court's discovery that the Justice of the Peace had been late in filing the bind-over papers with the Clerk of the Criminal Court of Record in and for Dade County, Florida. The time schedule is as follows:

On June 11, 1970, the Justice of the Peace ordered the defendant bound over to the Criminal Court...

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