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STATE EX REL. LUGO v. SEPE

No. 74-563.

296 So.2d 640 (1974)

STATE of Florida ex rel. Angel David LUGO, Relator, v. Honorable Alfonso SEPE, Judge of the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 15, 1974.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Roy S. Wood, Jr., Asst. Public Defender, for relator.

Richard E. Gerstein, State's Atty., and Milton Robbins, Asst. State's Atty., for respondent.

Before PEARSON, CARROLL and HENDRY, JJ.

CARROLL, Judge.

This is an original proceeding in prohibition. The relator alleged he was charged with the crime of murder in the first degree by a grand jury indictment issued on January 15, 1974; that he was 16 years of age on the date of the alleged offense; that thereafter the indictment was dismissed, and on March 8, 1974, he was charged by an information with the crime of murder in the second degree; that his motion to the circuit court claiming lack of jurisdiction...

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