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DADE COUNTY v. BAKER

No. 71-1120.

258 So.2d 511 (1972)

DADE COUNTY, a Political Subdivision of the State of Florida, Petitioner, v. Honorable Paul BAKER, Criminal Court of Record, in and for Dade County, Florida, State of Florida, and Donald Lee Bowman, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 7, 1972.

Attorney(s) appearing for the Case

Stuart L. Simon, County Atty., and Joseph D. Komansky, Asst. County Atty., for petitioner.

Rex Ryland, Jr., Miami, for respondents.

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

PEARSON, Judge.

We are presented with a petition for certiorari by Dade County, a political subdivision of the State of Florida, in which the County seeks review of a sentence of the Criminal Court of Record of Dade County. The basis of the County's petition is a claim that the criminal court is prohibited by statute from sentencing any defendant to a county facility for a period in excess of one year. The statute to which the County refers is F.S.A. § 922.051...

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