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STATE EX REL. SMITH v. deMANIO

No. 72-870.

277 So.2d 823 (1973)

STATE of Florida ex rel. Marwell Jon SMITH, Petitioner, v. Honorable Peter M. deMANIO, Judge of the Criminal Court of Record of Orange County, Florida, As Successor to the Hon. Warren H. Edwards, Judge, Respondent.

District Court of Appeal of Florida, Fourth District.

May 25, 1973.

Attorney(s) appearing for the Case

Robert H. Schultz, Bradenton, for petitioner.

Robert L. Shevin, Atty. Gen., Tallahassee, and Nelson E. Bailey, Asst. Atty. Gen., West Palm Beach, for respondent.

PER CURIAM.

On 11 September 1972 petitioner filed herein a petition for writ of prohibition. Pursuant to the speedy trial rule, the relief sought is the prohibition of a trial in the Criminal Court of Record for Orange County, Florida, which was scheduled to commence on 18 September 1972. This court issued a rule nisi on 15 September 1972, and the Honorable Peter M. deManio, Judge, filed a return.

On 7 October 1970 Petitioner Smith was arrested by the Sarasota...

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