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STATE EX REL. GUTIERREZ v. BAKER

No. 42751.

276 So.2d 470 (1973)

STATE of Florida ex rel. Juan GUTIERREZ, Relator, v. Honorable Paul BAKER, Judge of the Criminal Court of Record in and for Dade County, Florida, Respondent.

Supreme Court of Florida.

April 11, 1973.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Alan S. Becker, Asst. Public Defender, for relator.

PER CURIAM.

This is an original proceeding in prohibition seeking to restrain respondent, Criminal Court of Record Judge Paul Baker of Dade County, from proceeding with the trial of relator, Juan Gutierrez, on the charge of second degree murder. We have jurisdiction pursuant to Fla. Const., art. V, § 3(b)(4), F.S.A.

Gutierrez was arrested September 27, 1971, and no demand for speedy trial was made. Therefore...

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