STATE EX REL. GERSTEIN v. BAKER

No. 70-1286.

243 So.2d 464 (1971)

STATE of Florida ex rel., Richard E. GERSTEIN, As State Attorney of the Eleventh Judicial Circuit of Florida, Relator, v. Honorable Paul BAKER, As Judge of the Criminal Court of Record in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

February 5, 1971.


Attorney(s) appearing for the Case

Richard E. Gerstein, State's Atty., and Joseph Durant and Herbert M. Klein, Asst. State's Attys., for relator.

McCrary, Ferguson & Lee, Miami, for respondent.

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


CARROLL, Judge.

In this original proceeding in prohibition we issued a rule nisi, and upon final hearing entered an order on January 21, 1971, granting judgment in prohibition against the respondent and issuing a writ of prohibition. It was noted therein that an opinion of this court would follow.

In the suggestion for prohibition, filed in the name of the state by the state attorney as relator, it was alleged that the respondent judge of the criminal court...

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