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STATE EX REL. JONES v. MORPHONIOS

No. 71-449.

258 So.2d 42 (1972)

STATE of Florida ex rel., Esaw JONES, Relator, v. Honorable Ellen J. MORPHONIOS, Criminal Court Judge of the Criminal Court of Record, in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

On Rehearing February 29, 1972.

Attorney(s) appearing for the Case

Jack J. Taffer and Arden M. Siegendorf, Miami, for relator.

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

Before SWANN, C.J., and HENDRY and BARKDULL, JJ.

PER CURIAM.

Relator has filed a suggestion for a writ of prohibition to halt a prosecution under an information charging a violation of § 790.23, Fla. Stat., F.S.A. of having owned or having in his care, custody or control a firearm (pistol). The statute provides:

"790.23 Felons; possession of firearms unlawful; exception; penalty. — * * * * * * "(2) This section shall not apply to a person having been convicted of a felony...

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