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GAGEL v. CORNELIUS

No. 79-395/NT4-74.

380 So.2d 1333 (1980)

Wade Roberts GAGEL, Petitioner, v. The Honorable Lon S. CORNELIUS, Judge, Circuit Court of the Ninth Judicial Circuit, Etc., Respondent.

District Court of Appeal of Florida, Fifth District.

March 19, 1980.

Attorney(s) appearing for the Case

James E. Shepherd of Shepherd, McCabe & Cooley, Orlando, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for respondent.

MOORE, JOHN H., II, Associate Judge.

Petitioner seeks to prohibit the trial court from trying him on a charge of manslaughter. He filed a motion for discharge in the trial court pursuant to the speedy trial rule, Fla.R.Crim.P. 3.191. The denial of that motion prompted the instant suggestion for our writ of prohibition.

The issue before us is whether the issuance of a citation for a non-criminal traffic infraction...

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