STATE v. JOHNSON

No. 73-1370.

287 So.2d 322 (1973)

The STATE of Florida, Petitioner, v. Zebedee JOHNSON, Jr., Also Known As Henry Williams, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 17, 1974.


Attorney(s) appearing for the Case

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

Phillip A. Hubbart, Public Defender, for respondent.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.


PER CURIAM.

The state has filed a common law petition for writ of certiorari, seeking to contest an order granting the defendant's motion for discharge in a criminal proceeding for failure to try him within the period provided under the speedy trial rule.

The court set the matter on its own motion to determine jurisdiction to entertain this petition. It is the petitioner's contention that he has no adequate remedy by appeal and that, therefore, a petition...

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