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STATE EX REL. SCHIERES v. NIMMONS

No. LL-148.

364 So.2d 1262 (1978)

STATE of Florida, ex rel. Michael James Schieres, Appellant, v. Ralph W. NIMMONS, Jr., Circuit Judge, Division T., Fourth Judicial Circuit of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 7, 1978.

Attorney(s) appearing for the Case

Louis O. Frost, Jr., Public Defender, and William P. White, III, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

PER CURIAM.

This cause is before us on petition for writ of mandamus and response thereto. On consideration of the petition, response, reply and the transcript of the proceedings and record before us, the order to show cause is discharged for the reasons stated by the learned trial court in his response, in pertinent part as follows:

"On September 6, 1978, Petitioner tendered a plea of guilty to a charge of second degree murder and Respondent commenced an...

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