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RUBIERA v. DADE COUNTY EX REL. BENITEZ

No. 44608.

305 So.2d 161 (1974)

Honorable C.P. RUBIERA, Judge of the Metropolitan Court in and for Dade County, Florida, Petitioner, v. DADE COUNTY, Florida, ex rel. Jose Benitez, Respondent.

Supreme Court of Florida.

December 11, 1974.

Attorney(s) appearing for the Case

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

Luis P. Salas, Miami, for respondent.

ADKINS, Chief Justice:

In this certiorari review of a decision of the District Court of Appeal, Third District, we have jurisdiction pursuant to Article V, Section 4, Florida Constitution.

The respondent, Jose Benitez, was arrested on August 25, 1972, and charged with unlawful practice of optometry, a misdemeanor under Fla. Stat. § 463.20, F.S.A. He was arraigned on October 2, 1972. Motions to produce and for the taking of depositions were filed by respondent...

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