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FERRELL v. STATE

No. 79-810.

385 So.2d 120 (1980)

Willie Jean FERRELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 25, 1980.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before SCHWARTZ and DANIEL PEARSON, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

PEARSON, TILLMAN, Associate Judge.

The simple question presented here by appellant Willie Jean Ferrell, defendant below, is whether a trial court, upon receiving the mandate of a district court of appeal directing a new trial, may extend the speedy trial period for the purpose of allowing the State time to petition the Supreme Court of Florida for certiorari review of the district court of appeal decision. We hold that only by a stay of proceedings pursuant to Fla...

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