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STATE EX REL. BETANCOURT v. KLEIN

No. 77-2423.

354 So.2d 392 (1978)

STATE of Florida ex rel. Miguel A. BETANCOURT, Loynas Boquete, and Luis Garcia, Relators, v. Herbert M. KLEIN, Judge of the Circuit Court, Eleventh Judicial Circuit, Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 13, 1978.

Attorney(s) appearing for the Case

Peter F.K. Baraban and Colin Guy, John Muldowney, Miami, for relators.

Richard E. Gerstein, State's Atty. and Edward McHale, Asst. State's Atty., for respondent.

Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

We have been presented with a petition for writ of prohibition and, pursuant to Fla.App. Rule 4.5(d)(2), have issued the rule therein provided. Return to the rule has been made and upon consideration of the petition and the return and the record submitted, the following appears:

The petitioner was arrested for the unlawful possession of marijuana. A trial was set for October 3, 1977. At trial, it appeared that a witness subpoena issued for a defense...

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