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STATE EX REL. DEPT. OF H & R SERV. v. SEPE

No. 74-24.

291 So.2d 108 (1974)

STATE of Florida, ex rel. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, South Florida State Hospital, Relator, v. Alfonso C. SEPE, As Circuit Judge of the Eleventh Judicial Circuit of Florida, in and for Dade County, Florida, Criminal Division, Respondent.

District Court of Appeal of Florida, Third District.

Revised Opinion February 27, 1974.

Attorney(s) appearing for the Case

Mary E. Clark (Tallahassee), for relator.

Richard E. Gerstein, State's Atty., and John Lipinski, Asst. State's Atty., for respondent.

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

REVISED OPINION

CARROLL, Judge.

In this original proceeding in prohibition we issued a rule nisi. The respondent filed a response incorporating a motion to dismiss. The motion to dismiss is denied, and we hold the response fails to show good cause why prohibition should not issue.

In the order of the trial court committing a defendant in a criminal case to the Department of Health and Rehabilitative Services, South Florida State Hospital, for treatment...

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