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STATE EX REL. GERSTEIN v. BAKER

No. 76-1720.

339 So.2d 271 (1976)

STATE of Florida ex rel. Richard E. GERSTEIN, State Attorney for the Eleventh Judicial Circuit of Florida, Relator, v. The Honorable H. Paul BAKER and the Honorable Herbert M. Klein, As Judges of the Circuit Court of the Eleventh Judicial Circuit of Florida, Respondents.

District Court of Appeal of Florida, Third District.

November 9, 1976.

Attorney(s) appearing for the Case

Richard E. Gerstein, State Atty., and Kurt Marmar, Asst. State Atty., for relator.

George Nichols, Miami, for respondents.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

On September 9, 1976, the relator, Richard E. Gerstein, State Attorney of the Eleventh Judicial Circuit of Florida, filed a suggestion for writ of prohibition seeking to prohibit the respondents, judges of the Circuit Court of the Eleventh Judicial Circuit of Florida, from exercising jurisdiction of a cause without a jury where the State had not consented to such proceeding.

Florida R.Crim.P. 3.260, Waiver of Jury Trial, provides in toto:

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