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D'ALESSANDRO v. SHEARER

Nos. 53124, 53143.

360 So.2d 774 (1978)

Joseph P. D'ALESSANDRO, Etc., Petitioner, v. John H. SHEARER, Jr., Etc., Respondent. In re Jerry CROOKS, Case No. 77-466CF. Joseph P. D'ALESSANDRO, Etc., Petitioner, v. John H. SHEARER, Jr., etc., Respondent. In Re William OPITZ, Case No. 77-183CF.

Supreme Court of Florida.

June 30, 1978.

Attorney(s) appearing for the Case

Joseph P. D'Alessandro, State's Atty., in pro per.

Louis S. St. Laurent, Chief Asst. State's Atty., and Patricia A. Kerwin, Asst. State's Atty., Fort Myers, for petitioner.

John H. Shearer, Jr., in pro per.

BOYD, Justice.

The State Attorney for the Twentieth Judicial Circuit petitioned this Court for an alternative writ of mandamus to compel the Honorable John Shearer, Lee County Circuit Judge, to perform his legal duty under Section 775.087(2), Florida Statutes. We issued the writ and have received the Judge's response. We have concluded that a final writ should be issued.

The statute requires that any person convicted...

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