STATE EX REL. BRENNER v. DUBITSKY

No. 77-506.

347 So.2d 777 (1977)

STATE of Florida ex rel. Irwin BRENNER, Relator, v. The Honorable Ira L. DUBITSKY, As Judge of the Circuit Court, Criminal Division, in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 27, 1977.


Attorney(s) appearing for the Case

Albert J. Krieger, Miami, for relator.

Richard E. Gerstein, State Atty., and Paul Rashkind, Asst. State Atty., for respondent.

Before BARKDULL, HAVERFIELD and HUBBART, JJ.


BARKDULL, Judge.

The relator was charged with certain crimes and pleaded nolo contendere, in order to preserve a question relating to a motion to suppress. He was adjudicated guilty and sentenced to a five-year term, the first two years to be served in prison and the last three he was to be on probation.

The matter was appealed to this court. A supersedeas bond was set and the sentence was stayed pending the appeal. The action of the trial judge was affirmed...

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