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STATE EX REL. SIMONDS v. HALL

No. 75-1621.

326 So.2d 443 (1976)

The STATE of Florida ex rel. Milton Simonds, Relator, v. The Honorable W. Troy HALL, Jr., As Judge of the Circuit Court of the Fifth Judicial Circuit in and for Lake County, Florida, Respondent.

District Court of Appeal of Florida, Second District.

February 13, 1976.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Steven H. Denman, Asst. Public Defender, Bartow, for relator.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for respondent.

ON PETITION FOR REHEARING

PER CURIAM.

This court previously denied this petition for prohibition because the case had not been set for trial. The petition for rehearing filed by relator has persuaded us that the failure to set the case for trial does not prevent this court from deciding the speedy trial question presented by this petition for prohibition after relator's motion for discharge by the trial court has been denied.

Relator was convicted...

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