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STATE EX REL. NORMAN v. MERCKLE

No. 78-2168.

369 So.2d 964 (1979)

STATE of Florida ex rel. Charles Patrick NORMAN, Petitioner, v. The Honorable Arden Mays MERCKLE and the Honorable J. Rogers Padgett, Circuit Judges of the Thirteenth Judicial Circuit in and for Hillsborough County, State of Florida, Respondents.

District Court of Appeal of Florida, Second District.

February 1, 1979.

Attorney(s) appearing for the Case

Jack Johnson, Public Defender, Bartow, Wayne Chalu, Asst. Public Defender, Tampa, and Judge C. Luckey, Jr., Public Defender, Simson Unterberger, Asst. Public Defender, Tampa, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for respondents.

PER CURIAM.

This Petition for Writ of Prohibition seeks to prohibit petitioner from being tried for first degree murder on the ground that the time for trial under the speedy trial rule had expired when petitioner filed his motion for discharge (denied) below. This court issued the rule on December 8, 1978 and a response and a reply to the response have subsequently been filed.

On April 5, 1978 petitioner was arrested for the conduct giving rise to the first...

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