STATE v. STEIN

No. 75-2.

312 So.2d 221 (1975)

The STATE of Florida, Petitioner, v. Erwin STEIN a/K/a Erwin Stern, Respondent.

District Court of Appeal of Florida, Third District.

May 6, 1975.


Attorney(s) appearing for the Case

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

Pertnoy, Spaet & Greenberg, Miami, for respondent.

Before BARKDULL, C.J., HENDRY, J., and CHARLES CARROLL (Ret.), Associate Judge.


PER CURIAM.

The State of Florida, feeling aggrieved by a dismissal of its appeal to the Circuit Court, acting in its appellate capacity, seeks a writ of certiorari from this court.

The Circuit Court dismissed the State's appeal on a motion to dismiss filed by the defendant Erwin Stein (a/k/a Stern) which alleged that the state had failed to timely serve its brief upon the defendant-appellee.

The record reveals that the state had met all previous deadlines...

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